How to handle trademark infringement in Vietnam?

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Law on Credit institutions of Vietnam 2010
Law on Credit institutions of Vietnam 2010

In order to settle the alleged action of infringer, you should take the following actions:

1.Investigation of the infringer

We will conduct an investigation of the alleged infringer to find out their business activities, scope of their business, infringement elements, and proof of this infringement.

2.Requesting the examination of Vietnam Intellectual Property Research Institute (VIPRI)

Accordingly, we will assist you with preparing and filing a request for examination to VIPRI.

VIPRI will exam and conclude whether the sign as used by infringer could be considered as the infringement element against your trademark or not.

If the conclusion of VIPRI is positive, the chance of success will be high. The request of examination is not compulsory, but the conclusion of VIPRI is one of the most important evidences for settling this case.

3.Sending the warning letter:

Upon the conclusion of VIPRI, we will send a warning letter to the alleged infringer and request them to immediately stop trading the infringement products in Vietnam and make an undertaking that they will not relapse in future.

In addition, we will also request them change their company name.

We will give a period of 15 working days for the infringer considering and taking our demand.

4.Requesting the authorized state agency to handle and settle this case

According to this action, we will draft and file an appeal to the state agency and request them to handle and settle this case.

The alleged infringer may be punished with the largest amount of VND 500,000,000 (about US$25,000) and/or confiscated the infringement products as well as the equipments/machines using for manufacturing the infringement products.

Depending on the complication of the case, it may take about 4 – 8 months for settlement.