Comparative Guides
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Results: 4 Answers
Trademarks
7.
Enforcement and remedies for trademark infringement
7.1
What remedies are available against trademark infringement?
 
Vietnam
Depending on the nature, extent and scope of the infringement, the remedies available to a trademark holder may take the form of a civil court judgment (civil measures), an administrative violation handling decision (administrative measures) or even a criminal court judgment (criminal measures).

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
7.2
What remedies are available against trademark dilution?
 
Vietnam
No concept of dilution or trademark dilution is provided in the IP Law. In practice, an applicant may register its trademark on a class-wide basis, or in multiple classes, in an attempt to prevent possible dilution. Alternatively, it may seek to have its trademark recognised as famous or well known, as in such case the trademark may be protected against use on dissimilar goods or services to those for which it has been registered.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
7.3
Does the law recognise remedies against other harms to trademark rights besides infringement and dilution?
 
Vietnam
No.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
7.4
What is the procedure for pursuing claims for trademark infringement?
 
Vietnam
In the event of infringement, the trademark owner should:

  • conduct investigations and gather evidence of infringement against allegedly infringing parties;
  • prepare and obtain infringement appraisals from VIPRI – an accredited quasi-governmental organisation which will investigate and issue an appraisal confirming infringement, where founded. This optional procedure involves seeking expert opinions and witness opinions; and
  • seek an enforcement remedy in the form of administrative measures, a civil lawsuit or criminal prosecution of the infringers.
For more information about this answer please contact: Le Quang Vinh from Bross and Partners
7.5
What typical defences are available to a defendant in trademark litigation?
 
Vietnam
A registered trademark may be unenforceable if one of the following defences is successfully established:

  • no likelihood of confusion;
  • exhaustion (first sale doctrine);
  • use of a mark which is identical or similar to a protected geographical indication, where such mark had acquired protection in an honest manner before the date of filing of the application for registration of the geographical indication; and
  • honest use of a mark comprising a person’s name, or which is descriptive of the type, quantity, quality, utility, value, geographical origin or other property of the goods or services.

A registered trademark may further be temporarily unenforceable where an alleged infringer’s request for invalidation or cancellation of the mark is accepted by NOIP and there is reason to believe that this request is well founded, while the settlement of this request by NOIP or other competent authorities is pending.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
7.6
What is the procedure for appealing a decision in trademark litigation?
 
Vietnam
If NOIP issues notification of refusal or notification of provisional refusal of protection (issued by the Trademark Division or the Geographical Indication and International Mark Division, respectively), the applicant has the right to submit a review to the department issued that notification within three months (extendable for a further three-month term upon payment of a prescribed charge) of the date of issuance or from the date of NOIP sending notification.

If NOIP’s notification is upheld, the applicant may submit a further review to another independent department under NOIP – the Appeal Settlement and Enforcement Division – within 90 days (non-extendable) of the date of issuance of the review decision.

If the review decision is upheld, the applicant may appeal to the Ministry of Science and Technology, under which NOIP operates, within 30 days of the date of issuance of the Appeal Settlement and Enforcement Division’s decision; or may initiate an administrative lawsuit before the courts within one year of the date of receipt of that decision.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners