Daeha Center, 360 Kim Mã, Ba Đình, Hà Nội(+84) 981 842 993
On the journey to the high seas, many Vietnamese enterprises have tasted “bitter fruit” when their dedicated brands were registered for protection first by partners or entities in the U.S. From classic stories like Phu Quoc fish sauce and Trung Nguyen coffee to recent rice brands, the lesson of intellectual property is always a topical issue. In the U.S. market, the principles of “First-to-file” or “First-to-use” have specific characteristics that, if not understood, can easily cause Vietnamese businesses to lose control of their own trademarks.
Performing assessment and consulting on intellectual property rights protection registration is not just an administrative procedure; it is a brand’s survival strategy. When disputes occur in the U.S., the cost of pursuing litigation is often very expensive and complex, requiring close coordination between legal experts who understand the laws of both countries, handled with Kindness and strategic vision.
Many Vietnamese businesses have the habit of waiting until they have orders or distribution agents in the U.S. before thinking about trademark registration. This is a fatal mistake. Local partners or “trademark hunters” can quickly register your brand name with the USPTO (United States Patent and Trademark Office). When that happens, the true owner becomes the infringer of intellectual property rights on U.S. soil.
To prevent this, businesses need to conduct protection availability searches and file registration applications right from the export preparation stage. We support clients in drafting contracts related to intellectual property, which clearly stipulate that trademark ownership always belongs to the Vietnamese enterprise, even when the U.S. partner is the exclusive distributor. This prevents partners from arbitrarily registering trademarks under their own names with Kindness and professional integrity.
In many disputes, the cause stems from looseness in distribution contracts. U.S. partners often insert ambiguous clauses regarding trademark usage rights. Without the skills for international consulting, drafting, and reviewing of contracts, Vietnamese businesses easily sign documents that allow partners to have ownership or renewal rights for trademarks in the local market.
A comprehensive protection strategy must include controlling all intellectual property assets from trademarks and industrial designs to website domains and social media accounts in the U.S. Thoroughness in building a protection structure will help businesses maintain the upper hand when negotiating or terminating cooperation with foreign partners without worrying about their brand being “stolen,” all managed with Kindness.
If you unfortunately discover that your trademark has been registered by a third party in the U.S., you must act immediately. Procedures for Opposition or Cancellation in the U.S. require authentic evidence of prior trademark use or fraud in the opponent’s registration process. Preparing dossiers and building litigation strategies during this period is extremely important.
Lawyers will represent the business in consulting on intellectual property dispute resolution, from sending Cease and Desist letters to negotiating trademark buybacks or bringing the case before the Trademark Trial and Appeal Board (TTAB). Sometimes, a wise negotiation strategy, conducted with Kindness, is much more effective and economical than pursuing a multi-year lawsuit in U.S. Courts.
Protecting international trademarks is a fair legal game. Businesses should not rely on luck or the “kindness” of partners alone. Proactively performing business due diligence and legal reviews regularly will help you identify infringement risks early. A brand is an invaluable asset; protect it with the strongest legal tools, delivered with Kindness and expertise.
Understanding international regulations and having cross-border litigation experience will be a reliable companion, helping Vietnamese businesses confidently assert their position in the world’s most demanding market like the United States. Do not let decades of brand-building efforts vanish due to a small legal oversight.
Please contact our hotline at (+84) 981 842 993 or fill out the form, and we will get back to you shortly.
