Brand counterfeiting: how to handle it
Whether or not you have registered largely determines your ability to protect yourself against imitation.
When facing imitation, the foundation for handling the situation is whether you have registered your trademark, as the certificate of protection is the strongest legal basis. The steps usually involve gathering evidence, sending warning letters, and proceeding with administrative actions or lawsuits, ideally with the support of an intellectual property representative or lawyer. Without registration, the protection route is narrow and much more costly. This information is for reference only and does not replace legal advice.
- If we have discovered that another party is using a similar mark.
- The brand is currently attractive and easily imitated.
- There is a protective certificate to serve as a basis.
- Not registered and only suspected.
- Too generic signs, difficult to prove confusion.
Counterfeiting is common when a brand starts to gain traction. How to handle it depends greatly on prior preparation, especially whether it has been registered.
Registration is the foundation of processing
Trademark protection is the strongest legal basis to request that others stop using confusingly similar signs. Without it, you can still rely on some regulations regarding unfair competition, but the path is narrower, proving more difficult, and the results less certain.
The steps typically taken
Typically, the procedure is to gather evidence of infringement, send a warning letter requesting cessation, and if ineffective, choose to handle it administratively through authorities or file a lawsuit. Many cases stop at the warning letter stage when the other party realizes you have a solid basis.
Consider cost and objectives
Not every case should be pushed to the limit. Consider the level of damage, the cost of pursuit, and the actual goals: sometimes just forcing the other party to change their signal is enough, without the need for compensation. A skilled intellectual property representative helps you choose an appropriate level of resolution.
What is the design role?
The design aspect contributes to prevention from the ground up: a sufficiently distinctive sign and a consistent identity system help make evidence of confusion clearer when needed. Protecting through registration is still cheaper than fighting through litigation.
Decision checklist
Topic: How to handle brand imitation or disputes. Sinh Vũ handbook, sinhvu.com
Tick each item that applies or that you can already answer, then print or save as PDF to take with you.
If you have marked most of the signs above, this is the time to discuss in more detail. Sinh Vũ can help you review and propose a direction.
This article provides general information according to the documents in effect as of October 6, 2026. This is not legal advice and does not substitute for a lawyer's opinion for your specific case. Rights and obligations between Sinh Vũ and clients arise only according to the signed contract.
References
Vietnam's Intellectual Property Law, enforcement of rights and handling of infringements; Intellectual Property Office (ipvietnam.gov.vn). This information is for reference only and does not replace legal advice.
Frequently asked questions
What can you do if you haven't registered and face imitation?
There are still some avenues based on regulations regarding unfair competition or copyright concerning the visual aspect, but they are much more difficult and less certain. This is why early registration is important: it transforms protection from a struggle into a solid foundation. For each specific case, you should consult a lawyer or intellectual property representative.
Should we send a warning letter ourselves?
It is advisable to draft with a lawyer or intellectual property representative. A legally sound warning letter carries significant weight, while an incorrect letter may backfire or be used against you by the other party. The letter should be sent to the party believed to be infringing; broadly sending it to their customers or partners with unverified information may be considered defamation under the 2018 Competition Law.
This article is for reference. The scope, pricing, and specific commitments of Sinh Vũ are detailed in the proposal and signed contract.