Intl. app. no.1101091 SIMONA overcomes refusal of protection in Vietnam

International Trademark application  no. 1101091 SIMONA for Class 11 designating Vietnam in the name of  Simona AG has been notified of temporary refusal of protection by Notification 2011/50 NTH of 20/12/2012 of the National Office of Intellectual Property (NOIP) on the ground that the mark is considered to be confusingly similar to the following cited application/mark:

International Trademark application (I.A.) no. 1101091 SIMONA  in Class 11 designating Vietnam of  Simona AG has been notified of temporary refusal of protection by Notification 2011/50 NTH of 20/12/2012 of the National Office of Intellectual Property (NOIP) on the ground that the mark is considered to be confusingly similar to the following cited application/mark:

(i)         Trademark application no.4-2010-10435 SIMON for Class 19 of Truong Sinh Production Trading Construction Limited;

(ii)        International Trademark no. 599665 SIMONAZZI for Class 11 of Sidel Holding Italia S.p.A;

Representing Simona AG, Pham and Associates Law Office  has appealed and asked the NOIP to protect the mark on the following arguments:

(iii)      the application number no. 4-2010-10435 SIMON  has been refused protection and the applicant has failed to comply with the complaint procedure within the prescribed time limit, thus was no longer considered being the cited mark for evaluating SIMONA sign;

(iv)      regarding the I.R. no.599665 SIMONAZZI the applicant (Simona AG) has completed the procedures at WIPO Bureau for confining the list of products registered under Group 11, namely excluding "Pasteurizers, sanitizing machines, sterilizing apparatus, heat exchange and evaporators" thus it’s no longer similar to the product list of SIMONAZZI.

Having accepeted the applicant's complaint, the NOIP on August 31, 2018 decided to withdraw its decision of temporary refusal and to grant protection to SIMONA mark of I.A. no.1101091.