KENFOX understands that obtaining trademark protection in Vietnam is just the first step in protecting your intellectual property as subsequent registrations by competitors may infringe on your trademark. Fortunately the Intellectual Property Office of Vietnam (IP Vietnam) has procedures in place that provide trademark owners with recourse to protect their rights. Before a trademark is approved for registration it must be published for opposition by the holder of a prior mark who believes its trademark may be damaged by the proposed mark. In order to avoid dilution of a trademark by the application of a strikingly similar mark, it is critical to file a Notice of Opposition with the IP Vietnam. If the application has already passed through the time period allowed for opposition and has been registered, you can then move to have the mark cancelled.
Opposition to trademark applications or taking cancellation actions against registered trademarks are statutorily permitted, if you believe that your right and interest would be damaged by the registration of any trademark, and you have grounds for preventing/cancelling the registration of such mark, you are entitled to file a Notice of Opposition to the grant of Protection Title for such mark or initiating a cancellation action against the registered trademarks. Trademark opposition and cancellation actions should be filed with the Intellectual Property Office of Vietnam (IP Vietnam).
Opposition and cancellation proceedings against a pending or registered trademark are complex legal matters that require the attention of sharp, knowledgeable and experienced trademark attorneys. KENFOX trademark attorneys treat each trademark opposition and cancellation proceeding as a unique matter. We analyze the specific facts and evidence of each case and set up a plan to best achieve the client’s goals. When a client is confronted with issues concerning registration of its own trademarks or of the registration of another party, we guide the client through the process of evaluating available options in an effort to resolve the matter in a way that is most beneficial to the client.
IP Vietnam rules and procedures in trademark opposition and trademark cancellation proceedings are not simple and require an experienced attorney to present the proper case in order to acquire or preserve trademark rights. Our experience with trademark opposition and cancellation matters provides the skills to navigate the complex IP Vietnam rules. KENFOX trademark attorneys work closely with clients to guide them through every step of relevant processes. Our attorneys have experience to effectively evaluate the claims, defenses, and merits of each case, and to develop strategies that are mindful of our clients’ business goals, resources, and the merits of the case. At KENFOX, with many trademark attorney having years of practical experience, the firm has successfully assisted various clients in filing oppositions as well as defending the clients’ application against oppositions and trademark cancellation cases in Vietnam.
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