Share on LinkedInShare on LinkedIn

ARTICLE · 19 MAY 2023

Practical Tips For Safe Use Of Descriptive Terms In Vietnam

Tilleke & Gibbins
Tilleke & Gibbins
Contributor
Tilleke & Gibbins

Tilleke & Gibbins

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

View firm profile
Explore more from Tilleke & Gibbins

When a company promotes its products or services, it will naturally use laudatory terms or phrases to describe their quality.

VietnamIntellectual Property
Chi Lan Dang
Chi Lan Dang
Linh Thi Mai Nguyen
Linh Thi Mai Nguyen
Author LinkedIn connections

When a company promotes its products or services, it will naturally use laudatory terms or phrases to describe their quality. However, in Vietnam, such use could constitute trademark infringement, as many terms with a descriptive or laudatory nature have been granted registration as trademarks, often without disclaimers. Examples include "Nuoc Mam Me Lam" ("Fish sauce made by mom") under Reg. No. 392575 for fish sauce, "Drink it, Wear it" under Reg. No. 387444 for clothing retail services, and "Making Cancer History" under Reg. No. 388177 for healthcare services.

Imagine a case where a hospital advertises that its cancer treatment services can help "make cancer history." Would such advertisement be considered trademark infringement of the registered mark "Making Cancer History"?

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

New Amendments To Vietnam’s Customs Law Will Aid IP Enforcement

Vietnam's National Assembly has passed sweeping amendments to the country's Customs Law, fundamentally transforming how intellectual property rights are enforced at the border. The reforms extend customs enforcement to goods in transit, introduce ex officio suspension powers, and establish new monitoring frameworks for e-commerce shipments. These changes come in direct response to international pressure and represent Vietnam's most significant upgrade to border IP protection in years.
VietnamIntellectual Property
Tilleke & Gibbins
Tilleke & Gibbins
Article

Vietnam’s New Forced-Labor Import Ban: How Should Businesses Respond?

Vietnam has introduced a new prohibition on importing goods produced through forced labor under Decree No. 292/2026/ND-CP, effective September 5, 2026. While the Ministry of Home Affairs has yet to publish implementing guidance, businesses face immediate legal exposure and must establish internal controls, supply-chain safeguards, and remediation procedures to manage forced-labor risks across their operations and commercial relationships.
VietnamInternational Law
Tilleke & Gibbins
Tilleke & Gibbins
Article

Thailand Releases New Draft PDPA Guidance On Lawful Bases And Marketing

Thailand's data protection regulator has published draft guidance on lawful bases for processing personal data and marketing practices under the PDPA. The guidance introduces a five-step process for selecting lawful bases, emphasizes separating marketing consent from core services, and addresses AI-driven marketing transparency. Organizations processing personal data in Thailand face new expectations around accountability, consent management, and documentation of compliance efforts.
ThailandPrivacy
Tilleke & Gibbins
Tilleke & Gibbins
Article

Thailand Advances National Policy Framework For Data Centers

On September 4, 2026, Thailand’s prime minister convened the first meeting of the Data Center Business Policy Committee. The committee endorsed a draft policy framework for the data center industry and tasked four subcommittees with developing the standards that would sit beneath it, shifting away from fragmented, agency-by-agency approvals toward a unified national strategy aiming to maximize economic value while managing environmental and infrastructure concerns.
ThailandMedia, Telecoms, IT, Entertainment
Tilleke & Gibbins
Tilleke & Gibbins
Article

Vietnam’s New Drug Registration Regulations To Reduce Administrative Burden

Vietnam's Ministry of Health has issued Circular No. 32/2026/TT-BYT, introducing significant reforms to the drug registration process that will take effect on October 1, 2026. The new regulations establish a five-year data exclusivity period for new drugs, simplify requirements for foreign legal documents, and introduce a re-examination pathway that could reduce administrative burdens for pharmaceutical companies.
VietnamFood, Drugs, Healthcare, Life Sciences
Tilleke & Gibbins
Tilleke & Gibbins