Region: Vietnam

The Trademark Office has overturned a decision to refuse registration of the plaintiff Bottger GmbH Pharmazeutische und Kosmetische Praparate's SEA HORSE device mark for medical ointments. It held that the mark (i) is not descriptive of the goods to which it relates, and (ii) has acquired secondary meaning through extensive use.

23 September 2003

The Vietnamese government has issued a decree and subsequent notice providing that the Ministry of Trade will take over the role of trademark registry from the National Office of Industrial Property. The government has yet to set a date for the hand-over.

16 July 2003

The Vietnamese Ministry of Justice is drafting a decree that will make it easier for courts to calculate damages for trademark infringement. Currently, courts assess lost sales and injury to reputation; however, both of these are difficult to prove and quantify, especially when neither the plaintiff nor the defendant has any sales history.

24 April 2003

Vietnam has implemented the trademark-related provisions of the US-Vietnam trade agreement. As a result, it accords to US nationals treatment no less favourable than it accords to its own nationals with regard to the acquisition, protection and enforcement of trademark rights. Nevertheless, US trademark owners may still find it difficult to enforce marks in Vietnam.

11 December 2002