Pham & Associates

Vietnam

Analysis

Overview

Founded in 1991, intellectual property specialist Pham & Associates has one of the largest IP practices in Vietnam. The firm currently houses 14 attorneys at law, 26 registered IP attorneys and 28 experts. It has built up its reputation on both contentious and non-contentious matters. Using self-designed, full-featured docketing software and an updated IP database, the firm’s attorneys are able to carry out all types of searches, track the status and progress of each file and report results to clients in a timely manner. Furthermore, the team is experienced in all technical fields including chemistry, electronics, pharmaceuticals and biotechnology, allowing it the flexibility to service a broad range of clients. Vu Khanh Toan Pham is the main contact. 

Intellectual property

Work highlights 

Represented Piaggio in a significant industrial design infringement lawsuit against Tan Thanh Trading Co regarding unauthorised use of Piaggio's protected motorcycle design. The seven-year litigation involved multiple court levels and appeals following conflicting expert opinions from Vietnam's IP authorities. The Hanoi High Court ultimately ruled in Piaggio's favour, ordering the defendant to cease infringement, recall products, pay attorney fees and issue public apologies. The case highlights the complexities of enforcing industrial design rights in Vietnam given the varying interpretations by different IP bodies. 

Successfully represented Chanel in opposing the trademark application for "Coco Jeans, figure" in Vietnam. The opposition, concluded in June 2024, was based on Chanel's prior International trademark registration no.363419 "Coco" for clothing products in Class 25. The IP Vietnam upheld Chanel's opposition, finding the applied-for mark confusingly similar to Chanel's registered trademark, particularly noting that "Coco" was the dominant distinctive element while "Jeans" was deemed descriptive. The case demonstrates the effective protection of well-known marks in Vietnam's trademark system. 

Successfully represented a third party in opposing the trademark application "EreX24, figure" filed by Joint Stock Company Laguna for functional foods in Class 05. The opposition, concluded in May 2024, was based on potential confusion with prior registered marks "ErexOn and "EPREX". IP Vietnam upheld the opposition after the applicant failed to counter the evidence of similarity between the marks in the pharmaceutical and functional foods sector.