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ARTICLE · 08 MARCH 2021

Differing Views On The Use Of A Mark On Exports

Tilleke & Gibbins
Tilleke & Gibbins
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Tilleke & Gibbins

Tilleke & Gibbins

Tilleke & Gibbins has been present in Vietnam since 1992, when it became the first foreign law firm...

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Vietnam has become a big player in the global fashion industry. Garments made in Vietnam now appear all over the world, especially in the U.S. and the EU.

VietnamIntellectual Property

Vietnam has become a big player in the global fashion industry. Garments made in Vietnam now appear all over the world, especially in the U.S. and the EU. In this value chain, however, Vietnamese companies usually play the role of garment processors, fulfilling the orders of big brands for immediate export purposes. While the goods bearing the registered marks are made in Vietnam by local companies, the brand owners are often overseas or global corporations.

As a brand owner can lose protection of its mark in Vietnam due to non-use, this situation leads to the question of what constitutes "use" of a mark when the mark-bearing goods are processed for export only, and not sold in the Vietnam market.

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