17th Anniversary 2007-2024

It’s more than about the history and past achievements. It’s about the things that are being and woudl be built on the foundation laid.

We keep moving forward

 “To keep your balance, you must keep moving” as said by Albert Einstein.

We have followed that wisdom since our day one of Minervas and that has brought Minervas to its today’s place.

We know nothing would come easy and if we stop just for a moment, we will we be off balance and fall or be knocked down and so will Minervas.

One said “We don't want to turn the safety net into a hammock that lulls able-bodied people into complacency and dependence”. Complacency us our enemy and has no place at Minervas.

Teamwork and togetherness

More than feeling the sense of teamwork and togetherness, we rely on each other and share the good times and the bad.

Not Better or Worse, Just Different. Each just try to be the best in his/her own way together making the team strong.

Each client is unique not like any other. The differences between members of the teams are not a problem at but on the contrary, they are the diversity that we need to help us to better understand each client.

It's not yet the New Year's Day to celebrate. In fact, here's just another ordinary day for us to enjoy serving clients.    

Congratulations to Hanoi Bar Association 40th Anniversary

We have proudly been members of Hanoi Bar Association since 2003. It’s a tremendous pleasure to witness its developments over the years, and make contributions to its growth.  

"Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough." - Abraham Lincoln

Minervas is heading to win a 2025 Global Award by a prestigious international magazine in the field of law.

The award to be announced by the magazine in early new year of 2025.

Getting an achievement award is really nice but not our end goal. WINNING CLIENT HEART AND CONTRIBUTING TO THEIR SUCCESS WOULD MAKE US ULTIMATELY HAPPY.

Can we say goodbye to physical paper registration certificate?

The answer is Not Yet.

We are all moving to a world of less paper. However, this is not the case of IP Rights registration certificate (e.g. patent, industrial design patent, trademark registration certificate).

The reason is that registration certificates in electronic forms are still not available. Holders of registration certificates still have to submit the original physical paper registration certificate to local IP Office, for example, in the case of recording of a change of name, or address, or in the case of recording of assignment. 

What can you do if your office is paperless having no space for keeping the paper registration certificate?

In case of need, you will have to request the local IP Office to reissue it by paying an official fee.  That means you will have to keep the paper registration certificate or to pay a fee until registration certificate becomes available in an electronic form.

Client name not to be disclosed

The code of ethics by Vietnam Bar Association and elsewhere in the world prohibits a lawyer from disclosing his client information.

Will client name be included? It is widely agreed that it will. In other words, ethically it is improper to disclose the name of a client without the latter’s consent.

At Minervas, lawyers have strictly adhered to this code of ethics keeping client name confidential since its foundation. No wonder they can enjoy client trust around the world. 

Do you know?

Vietnam IP Office does not issue certificate of registration of marks filed in Vietnam under Madrid System.  Registrtion certificate is available only for mark filed nationally. In the case of need, holder of an International Registration may request Vietnam IP Office to issue a letter certifying its protection status in Vietnam;

Holder of an International Registration can not know exactly what elements in its mark are ex officio considered by Vietnam IP Office to be non-distinctive, and hence are not subjet to protection (disclaimed) without approaching the latter. Whereas such disclaimed components are expressly printed in certificate of registration granted to a national filed mark.

A registration will be vulnerable to cancellation action by a third party on the grounds 5 years of non-use following the date of grant of protection. Holder of an International Registration generally can not know exactly the date of grant of protection of its mark in Vietnam without approaching Vietnam IP Office. 

The Hague System is widely known for its Pros: Global (Protection in over 90 countries), Streamlined (One international application can include up to 100 designs), Economical (Save time and money thanks to the single application framework), and Centralized (Easily manage your international design registrations directly with WIPO).

But not many are aware of its possible Cons caused by possible incompatibles of the international application with local requirements during its substantive examination.

The common issues that applicant of an international applicant may face is that the description of the design under the international application fails to comply with local regulations which require a more comprehensive description.

Another common issue is that while intellectual property (IP) offices of many countries allow partial protection resulting in the other parts of the design being represented with broken-lines, local IP Office only allow protection of a whole design of a complete article. That means no broken-lines will be allowed.

All of the shortcomings will have to be fixed when during substantive examination at the local IP Office.

INTA Certificate of Membership

In May 1999 the founder of Minervas attended the INTA’s 121st annual meeting for the first time in Seattle, Washington.

For Twenty-Five Years, (don’t mistake it for "After Twenty Years" which is the name of a well-known short story written by O. Henry), lawyers at Minervas have not only witnessed the developments within the organizations, kept abreast with the world around, and practiced the profession, but also enjoyed meeting colleagues and making new friends.

The certificate would remind you of a new chapter in your life, a starting point of you swimming downstream feeling a helping help of the people within the community, and at the same time, of you giving a help to the others. It feels great, doesn’t it?

Our heartfelt condolences and sympathies

to families of the victims, injured and those who are affected the recent heavy rains, flash floods and consequent landslides caused by Typhoon Yagi of September 7, 2024. Our prayers are with those who are still missing as a result of this natural disaster. We pray for their early and safe recovery.

We wish you all speedy recovery. Together we will overcome this natural calamity.

Will a letter of consent help you to overcome a conflicting prior mark?

Not necessarily. The Intellectual Property Office of Vietnam is giving less and less weight to a letter of consent to registration of a subsequent similar mark.

In the past, a letter of consent would be sufficient in most cases. Nowadays, not causing confusion to consumers as to the sources of goods and services would be a priority. In addition, that IP Law does not mention such a letter of consent would make examiners more cautious taking it into consideration

Surprisingly, a letter of consent could not help either even if the parties are related ones.

“PLATINUM” found descriptive for beer

Hanoi Vietnam September 2024: “PLATINUM” which is the name of an extremely valuable silver-coloured metal, used in jewellery and in industry, is found descriptive for beers in international class 32 by the Intellectual Property Office of Vietnam (IP Vietnam).

On that ground, IP Vietnam has rejected an opposition filed by holder of a registration for trademark consisting of prominent term PLATINUM and a design against subsequent marks filed by another entity for beer in international class 32.

Accordingly, no breweries may have the exclusive right to use this terrm.

Assignment of a national registered trademark being the name of assignor may not be recorded

Many businesses have been denied recording of assignment of a national registered trademark by local TMO for an unexpected reason: The assigned trademark is the very assignor’s name. The local TMO fears that the assignor continues doing business with the corporate name may cause confusion to consumers.

The conditions for local TMO to record such an assignment: The assignor cease to exist; or the assignee acquire the assignor’s business; or the assignor change it corporate name.

Neither of the conditions can be easy to meet so assignee may have to renounce the trademark registration and assignee refile the same. It would take additional time and not without risk.

In the meantime, recording of a trademark registered in Vietnam under Madrid System would not face such issues at least at present. It is because WIPO IB but not local TMO is responsible for recording of a trademark registered in Vietnam under Madrid System. Local IPO so far does not raise obstruction of this kind against WIPO’s recording of assignments.

A Pro & a Con of using the Madrid Protocol for Vietnam trademark applications from a time perspective.

PRO: Local TMO will have no more than 12 months to make examinations results of an application filed through Madrid Protocol available regardless of whether the mark is opposed by a third party or not. To compare: It would take up to 2 years for local examiners to review a national application. In the case of opposition, it could take a few years more.

CON: If and when an obstruction raised by TMO, whether on the absolute grounds or relative ground, and whether it is slight or severe, it would take a few years for the already overloaded examiners to be able to start to review a response. To compare: in the case of a national application, it could take less time for the examiners to review a response to.

Art and Lawyers

It seems that lawyers and IP agents and arts are strangers. How can you find time to enjoys this kind of luxury things serving your clients around the clock. Do arts have any connection with patent, industrial design, trademark?

“Art stirs your emotions and makes you feel alive, it inspires you. Art takes you on a journey - to places you've never been, never likely to go - and sometimes would never want to go to. With art we can live vicariously through others love, grief, pain and joy. Without art we are just hollow vessels.”

“The purpose of art is washing the dust of daily life off our souls”- Pablo Picasso

A patent granted elsewhere and its PCT applicaiton in Vietnam

When the applicant is granted a patent for a PCT application by a patent office such as USPTO, JPO, EPO, IP Australia...., there would be a good chance that its application will be granted a patent in Vietnam too provided that the applicant amends its application in Vietnam to the corresponding patented one, and remove those unpatentable claims such as use claims, methods for diagnosing and treating diseases.  

Sometimes, local examining attorneys at their discretion would suggest that applicant make such an amendment for facilitating grant of patent.

It is interesting that there will be no official fees for amending an application for a corresponding one filed in another country unless applicant makes additional amendments.

July 12, 2024: Copyright infringement - How Are Damage Amounts Determined?

March 21. 2024: Appellate Court’s decision on a lawsuit filed by VCPMC (Vietnam Center for Protection of Music Copyright) against VietArt (Vietart Communication Joint Stock Company).