Chủ Nhật, 11 tháng 11, 2018

How many trademarks can a single company have?

BY Mèo juna IN , , , No comments

Trademark is a sign for consumers to identify the goods or services of each company from those of others. You can have as many trademarks as you wish!

However, there are some point to have in mind:

The registration of highly similar trademarks is a waste of time and money. The trademark is protected not only against the use of Identical marks, but also against the use of similar Marks. So if you use the trademark in three different colours, you should register only black-and-white trademark, as the protection will be given to all the colourful uses of the mark.

Review your trademark portfolio from time to time. Some trademark might not be relevant anymore. So you should not renew the marks and pay all the renewal or registration fees for such marks that no longer exists in the market.

The more different trademarks you own, the stronger competitive power you have. You can limit the possibility of your competitors to use in all the brand names and similar names that you have the registration. So the broader TM portfolio is, the less choices are left to the competitors. Also, if you lose one trademark later on, it will not be a tragic situations, because you will have other protected marks. However, if you have a single mark registered and someone cancels it, you will be in very unfavourable situation.

The trademark is registered only in a country where you filed the registration. Which means, if you have a US trademark, you still do not have any protection in the EU market. If you want to have protection in EU, you must file a new European application.

Thứ Năm, 8 tháng 11, 2018

When should a startup file for a patent?

BY Mèo juna IN , , , No comments

Each jurisdiction is different in terms of its “first to disclose”, “first to file” and “first to invent” rules. First to file and first to invent - Wikipedia
You should file a provisional patent application as soon as possible (to establish your patent’s priority date) if you are filing your patent application in the US because USPTO follows a “first inventor to file” rule. First Inventor to File (FITF) Resources
I’ll recommend the following course of action to help you file a provisional patent application as quickly as possible:
a) Conduct a through prior art search as soon as possible to make sure that your idea is novel, non-obvious to others in your field, and has utility in real life.
b) Draft your first independent claim. Draft any additional independent claims if you’ve more than one. Don’t waste your time on drafting any dependent claims at this stage.
c) Focus on writing as many possible embodiments you can think of for implementing not only your independent claim(s) that you have drafted but also for all possible dependent claims (that you’ve not drafted). Refer to 2164-The Enablement Requirement to guide you in writing your embodiments.
d) While drafting your embodiments, draw as many diagrams as possible to show your invention and its implementation. Follow Patent Drawing Rules: Everything You Need to Know. No need to use any fancy tools for doing your diagrams. Make your drawings by hand for now to save some time.
e) Provide a brief definition of any special terms that you are using in your patent claims and embodiments.
f) Draft a paragraph to serve as abstract. No need to write any paragraphs covering background of the invention or summary of the invention. Providing a list of prior art is also not needed at this stage.
You are now ready to file a provisional patent application. File it without any delay to establish a priority date. You’ll have a full year to file your non-provisional patent after this date. During this one year time, also called a “pendency period”, patent process is pending till you file your non-provisional patent application.

Thứ Ba, 6 tháng 11, 2018

How is patent prosecution distinct from patent litigation?

BY Mèo juna IN , , , No comments

Patent prosecution and patent litigation are totally different from each other.

Patent prosecution refers to the process of interacting with the patent office to have claims allowed and the patent issued.

Litigation refers to “court-related proceedings, ” typically AFTER a patent is issued (say, suing someone for infringement, etc.)

Patent prosecution happens when you (as an inventor), your patent attorney, and the examiner at a patent office are engaged in the process of getting a patent granted on your intellectual property.

Main steps that are part of the patent prosecution process include:

a) Preparation and filing of a patent application with or without the help of a patent attorney.

b) A patent office examiner responding to your filings and taking an office action which may include legal arguments and reasons for rejecting or accepting your claims and arguments.

c) You or your patent attorney responding to an office action using sound legal arguments and providing supporting facts in your favor.

d) Patent office granting you a patent if everything goes well, and, thereby, granting you rights as an inventor and giving your a monopoly on the use of your patent’s methods for a fixed number of years.

Patent litigation is a totally different beast. It happens only when you discover that somebody (generally a corporation) is infringing upon your patent’s rights and you take some concrete actions in order to stop infringement.

Inventors are granted a monopoly power by the patent office on their intellectual property in a known jurisdiction (e.g., US). Inventors are free to negotiate and charge any licensing fees from others who want to use their intellectual property.

If somebody is using your invention without having any licensing rights from you to use your invention, they are infringing upon your patent. Patent litigation is a highly technical process because you (as an inventor) have to create detailed claim charts (Claim Chart: Everything You Need to Know) to prove infringement. It is a lengthy legal process that is also highly expensive.

Chủ Nhật, 4 tháng 11, 2018

ANT Lawyers Participating in Vietnam-Austria Business Forum in Vienna on October 15, 2018

BY Mèo juna No comments

On the afternoon of October 14th, 2018, the Vietnam Prime Minister Nguyen Xuan Phuc and his wife led Vietnamese delegation to Vienna for official visit to Republic of Austria under the invitation of Austrian Chancellor Sebastian Kurz. On October 15th, 2018, the Prime Minister Nguyen Xuan Phuc had an official meeting with the Chancellor Sebastian Kurz and participated in the Vietnam – Austria Business Forum.

In Vienna, the representative of ANT Lawyers law firm, Mr. Tuan Nguyen participated the Vietnam – Austria Business Forum organized by the Vietnam Chamber of Commerce and Industry (VCCI) and the Austrian Federal Economic Chamber (WKO). This forum has been joined by the representatives from 60 Vietnamese businesses and over 100 Austrian companies. The lawyer of ANT Lawyers law firm met the representative of Austrian companies including Asteas Technologies GmbH & Co KG, AGES – Austrian Agency for Health and Food Safety, FRONIUS International GmbH, Europlast Kunststoffbehälterindustrie GmbH, Bitmedia e-solutions GmbH, D2 Consult International GmbH,… to discuss the Vietnam market entrance possibilities.

The meeting has occurred in the context that Vietnam Prime Minister and the Austrian Chancellor emphasized the importance of promoting the bilateral cooperate on economic, investment and trade; the opportunities post signing the Free Trade Agreement between Vietnam – EU (EVFTA) and Investment Protection Agreement (IPA) looking into the future.

The Vietnam economy has been achieving high growth for the last 30 years. Vietnam is a large market with a population of almost 100 million, 65% of the country’s workforce is young, and the increasing number of internet and smart phone users in Vietnam has also opened up a great opportunities for e-commerce development. Vietnamese Government has committed to vigorously reform and created optimal conditions for Austrian investors. The Prime Minister suggested Austrian companies invest in high-tech agriculture, processing and manufacturing industry, especially agricultural product processing, high-tech zones,…

Along with the advantages facilitated by Vietnamese Government, Austrian companies will seek for investment opportunities in Vietnam to set up company, joint invest, or cooperate to transfer technology. It is expected that both countries will further cooperate and receive benefits from competitive advantage of each other, contribute to economic development and promote the relationship between Vietnam and Austria.
Mr Tuan Nguyen, the representative of ANT Lawyers law firm is honored to participate in the Vietnam – Austria Business Forum, and together with its law firm partner in Austria, Leitner HirthRechtsanwälte GmbH, under the leadership of Markus Leitner, to promote the development of trade relation between Vietnam – Austria in particular and Vietnam – EU in general. With legal and business expertise and experience, we will continue to support the Austrian and other European companies to invest in Vietnam and that Vietnamese company to enter Austrian and European market.

Thứ Năm, 1 tháng 11, 2018

Anti-dumping Case for Steel Imported from China

BY Mèo juna No comments

The Vietnam Competition Authority (Ministry of Industry and Trade) has just received the dossier requesting the application of anti-dumping measures on H-shaped steel product imported from China to Vietnam.
According to Vietnam Competition Authority, they have received full and valid dossier under the provisions of the anti-dumping law for goods imported to Vietnam.
Within 45 days from the date of receipt of full and valid documents, the investigation agency will assess the dossier and submit to the Minister of Industry and Trade for consideration and decide to or not to investigate.
In order to serve the assessment, as well as ensuring the legitimate rights and interests of enterprises, the investigation agency suggested that domestic enterprises which are manufacturing/trading similar goods to provide the following information: Information on enterprises; design capacity and productivity of the H-shaped steel product in 2013, 2014, 2015 and the first 6 months of 2016; the company’s comments on the case (agree, oppose, no opinion); any documents/evidence that companies consider relevant to the case.
Since the law on trade remedies is issued, Vietnam has 4 times issued the investigation decision on anti-dumping against imported steel products to Vietnam. Accordingly, there is one case of anti-dumping duty application to cold-rolled stainless steel product and 3 self-defense cases for the steel billet and long steel products (the Ministry of Industry and Trade has signed decision to impose safeguard duty for plated steel and painted galvanized steel.
The application of trade defense measures will certainly cause conflict of interest between the 2 groups of enterprises. However, according to the Vietnam Steel Association, the application is necessary to protect domestic production.

Thứ Tư, 31 tháng 10, 2018

Can I trademark a name that is similar (but not identical) to the name of another company?

BY Mèo juna IN , , , No comments

If you will use it on completely different products, then yes, it might be possible. For instance, they produce milk and you offer tires. The main idea is to avoid confusion between your brands; since if a regular customer thinks that your products and the company’s products originate from the same source, you will be in trouble.

If the products are similar (even if they are not identical), you should think about choosing another trademark. In the US the company has some common law rights, provided that they used the trademark first. If it’s just a company with the same name and they do not use the name in commerce, it does not qualify for the protection. If the name is in use, the owners can try to cancel your registered trademark if you register it.

The cancellation will be expensive, very expensive and if your trademark becomes popular and the regular customer associates the trademark with your products, they may fail to succeed.

Facts to check: are they using the unregistered trademark? On what products are they using it? Are they similar to your products? Is the trademark registrable?
You can try to apply for your trademark if it’s registrable and not in use. No one can guarantee that it registers, however, it might be worth trying.

If you want to be sure, contact an attorney.

Thứ Hai, 29 tháng 10, 2018

Decision No. 3877 On Investigation into Imposition of Anti-Dumping Measures For Products of Chinese and Korean origins (case No. AD04)

BY Mèo juna IN , , , No comments

The Ministry of Trade and Industry has issued Decision no. 3877 to proceed the investigation on imposition of anti-dumping measure for some products from China and Korea under the case AD04. The first step for related party to participate into the investigation process is to register with Vietnam Competition Authority directly or through the assistance of a law firm with experience in anti-dumping procedures in Vietnam.
Pursuant to Article 70 of the Law on Foreign Trade Management on procedure for investigating the trade remedies case and Article 79 of Law on Foreign Trade Management on the basis of proceeding the anti-dumping investigation, the Vietnam Minister of Industry and Trade decided to conduct the anti-dumping measures imposition investigation according to the request of Investigation Authority relating to some flat-rolled alloy or non-alloy steel products, varnish painted or scanned or coated with plastics or other covers originated from China and Korea (case No. AD04).

The details of investigation are conducted pursuant to Article 80 of the Law on Foreign Trade Management on contents of an anti-dumping measures imposition investigation and Article 32 of the Decree No. 10/2018/ND-CP on deciding to conduct anti-dumping measures imposition investigation.
Imported goods subject to investigation:
The imported goods subject to investigation are some flat-rolled alloy or non-alloy steel products, varnish painted or scanned or coated with plastics or other covers which are classified by HS Codes 7210.70.11, 7210.70.19, 7210.70.91, 7210.70.99, 7212.40.11, 7212.40.12, 7210.40.19, 7212.40.91, 7212.40.92, 7212.40.99 (the case No. AD04)
Origins of imported goods: China and South Korea
Domestic industry:
Trade name
Market share/ total market share (%)
Nam Kim Steel Joint Stock Company
The requesting party
Southern Steel Sheet Co., LTD
TVP Steel Joint Stock Company
Dai Thien Loc Corporation
Ton Dong A Corporation
Agreed the investigation and application of the anti-dumping measures
Maruichi Sun Steel Joint Stock Company
Hoa Sen Group
VN Steel Thang Long Coated Sheets Joint Stock Company
Blue Scope Steel
No opinion
Pursuant to the results of examination of request dossier and the sources of available information in pre-initiation stage, the Investigation Authority found out the evidence of: i) the dumping conducts relating to the goods originated from China and Korea; ii) the significant damages to the domestic industry; iii) the causal relationship between the dumping conducts and the significant damages to the domestic industry.
Consequently, the Investigation Authority recommended the Minister of Industry and Trade to proceed the investigation. The conclusion of preliminary conclusion and/or final conclusion investigation is basis of the Investigation Authority’s recommendation to the Minister of Industry and Trade on imposition or non-imposition of provisional and/or official anti-dumping measures.
Investigation period: The investigation period for determining of dumping: from 01 June, 2017 to 31 May, 2018.  The investigation period for local industry’s damages determination includes: The first year: from 01 June, 2014 to 31 May, 2015. The second year: from 01 June, 2015 to 31 May, 2016. The third year: from 01 June, 2016 to 31 May, 2017. The fourth year: from 01 June, 2017 to 31 May, 2018.
Proposal for tax duty of Requester:
The Requester proposed for investigating and imposing the provisional anti-dumping duty with 25.5% relating to the investigated import products from China and 19.25% relating to the investigated import products from Korea before the time the Ministry of Industry and Trade issues the official decision.
The individuals and organizations as stipulated in Article 74 of Law on Foreign Trade Management may register as a related party to Investigation Authority  to access the public information during the investigation, and to send the opinions, comments, information and evidences related to the investigation as mentioned herein.
Organizations and individuals shall prepare applications using the application form for registration as interested parties stated in the Appendix 01 attached to the Circular 06 and send to Investigation Authority no later than 30 (thirty) days from the date issuing the investigating decision.
Upon the receipt of applications for registration as related parties, the investigation authority shall consider whether a party is accepted as a related party or not within a period of 07 working days. If an application for registration as related party is refused, the Investigation Authority is required to explain such refusal in writing to the applicant.
The related parties under regulations of Article 79 the Law on Foreign Trade Management shall implement their rights and obligations under Article 9 of the Decree No. 10/2018/ND-CP.
In order to ensure its lawful rights and benefits, the Investigation Authority recommends the individuals and organizations manufacturing, importing, using the investigated goods to register as a related party to perform information accessing right, to provide information and express opinions during the investigation procedure.
Questionnaire: Within 15 days since the issuance of the decision on investigation, the Investigation Authority shall send the questionnaire to seek answer to various subjects.
On-site Investigation: Pursuant to Article 75.3 of Law on Foreign Trade Management, the Investigation Authority shall be entitled to proceed the on-site investigation (if necessary), including overseas investigation to certify the information, dossiers provided by related party or to collect more information, dossiers for settlement of trade remedies case.
Confidential information: The Investigation Authority shall keep the investigation information confidential as stipulated in Article 75.2 of Law on Foreign Trade Management and Article 11 of Decree No. 10/2018/ND-CP.
Cooperation during the investigation: In case any related party refuses to participate in the case or fails to provide necessary evidences or significantly disturbs the completion of the investigation, the preliminary conclusion and final conclusion relating to such related party shall be based on available information.
In case a related party provides false or misleading evidences, such evidences shall not be reviewed and the preliminary conclusion and final conclusion regarding such related party shall be based on available information.
Non-cooperating related parties shall not be exempted from trade remedies measures as prescribed in Article 7 of Decree No. 10/2018/ND-CP.
The Investigation Authority recommends the related parties to comprehensively cooperate during the investigation to protect its legitimate rights and benefits.
Duration of investigation: Anti-dumping measures imposition investigation shall be completed within 12 months from the date on which the decision on anti-dumping measures imposition investigation is issued. In some special cases, the Minister of Industry and Trade may extent the duration for anti-dumping measures imposition investigation but the total duration shall not exceed 18 months.