Infringers are increasingly more complicated. Taking some verbal or figurative elements from others' well-known marks and incorporating them into their own to create marks for filing with the Vietnam Trademark Office or making minor changes of others' well-known marks in order to register them for similar goods/services are merely some of the emerging ways for sophisticated infringers to trade on the goodwill and reputation of well-known marks in Vietnam.
KENFOX understands that successfully registering a trademark in Vietnam just serves as a first step toward utilizing a chosen brand, company or product name in this jurisdiction. To ensure the protection and enforcement of our clients' valuable marks, KENFOX attorneys work tirelessly to assist clients in monitoring for unauthorized and potentially harmful use of their registered trademarks. Trademark watch services are an important tool in the proactive monitoring of registered marks, helping trademark owners identify and act against infringement and misuse of their trademarks in a timely manner in Vietnam.
Our experience shows that early detection of likelihood of trademark infringement or misuse is critical in any trademark protection strategy. What additionally important is to observe the deadlines for filing objections (or oppositions) to a third party's attempted registration of a conflicting trademark. KENFOX trademark attorneys conduct trademark searches almost every day and, thus, put us in a strong position to assist in monitoring and assessing new trademark registrations at the relevant national and international trademark registers in order to identify potential conflicts with the client’s trademarks. Our KENFOX team will also work with you to develop, submit and substantiate oppositions where necessary.
KENFOX understands that a strategy to manage a comprehensive trademark portfolio not only includes securing rights through registration, but also includes a well-designed enforcement program, of which Trademark Watch is a first, but important step for subsequent trademark opposition or cancellation proceedings to ensure continued protection of trademarks and brands in an efficient manner in Vietnam.
KENFOX trademark attorney checks relevant trademark registers in relevant Vietnamese trademark registers to identify identical and similar trademarks to your chosen mark. Where required, it may be accompanied by appropriate advice from our consultants if necessary. From the outcomes of our trademark watch service, you will learn what your competitors are filing for in order to conduct an analysis of the types to-be-launched competing products/services and to review and strengthen your brand and marketing strategies. Our Trademark Watch Service can be customized to meet the unique business needs of KENFOX clients but, in general, falls into the following categories:
› Identical trademark watch: Subject to client’s goals, we may conduct the searches for newly filed trademarks to identify those marks or devices (e.g. logos) that are visually or phonetically identical;
› Similar trademark watch: Identifies identical and confusingly similar marks;
› Trademark watch with opinion: Includes the attorney's recommendation on the results of the identical or similar trademark watch based on their consideration of your prior rights and the likely impact on your business and market share.