On June 6, 2025, the Superior People's Court in Hanoi
overturned a non-use cancellation decision by the Intellectual
Property Office of Vietnam, a rare and impactful occurrence. In a
ruling that may help clarify the enforcement of Vietnam's IP
Law, the court held that valid trademark use can be established
through commercial arrangements where the brand owner maintains
actual control over the use of the mark, and is not confined to
relationships governed by a so-called "formal license
agreement.
Background: Cross-Border Use, Local
Challenge
A Singapore company owns a well-known brand of consumer products
that has gained recognition across Southeast Asia. In recent years,
the brand has been targeted by several unauthorized trademark
filings in Vietnam. In one such instance, a local Vietnamese
trading company—previously linked to the production and
export of counterfeit goods to neighboring countries—filed a
non-use cancellation against the Singapore company's
