Practice Highlights

Grounds: Article 112a (Opposition to applications) and Article 74 (Distinctiveness of trademarks) of the IP Law;

In trademark non-use cancellation proceedings, third-party market investigation reports are not always infallible. They lose all weight against direct evidence of the trademark owner's actual use in commerce.

Grounds: Article 74.2 (e, h) of the IP Law

Grounds: Articles 96.2.b and 74.2.g, IP Law

Grounds: Article 74.2(e), the IP Law

Case summary: Copyright and Related Rights Infringement. Legal Grounds: Article 73.5 & Article 27.2.b, IP Law;  Point 39.12.a (iv) of Circular No. 01/2007/TT-BKHCN.

Grounds: Article 74.2(e) of the IP Law

Grounds: Article 74.2(e) of the IP Law

Grounds: Article 74.2(b) of the IP Law

Trademark law protects not only the visual sign itself but also the underlying system of quality control and the proprietor’s right of governance over that sign

Grounds: Articles 72, 73, 74 and 96 of the IP Law 2005, amended and supplemented in 2009

Grounds: Point b, Clause 1, Article 96 of the IP Law