Applied-for mark “MHT Marine Hydrotec, device” of application No. 4-2010-27834 for goods/services in Class 07 and 12 under the name of Marine Hydrotec Co., Ltd. was rejected for registration by the NOIP (Decision No. 61012/QĐ-SHTT dated 29 October 2012) on the ground that (i) the word element “Marine Hydrotec” of the applied-for mark is confusingly similar to the cited mark "HYDROTEC" of application 4-2010-14036 under the name of Actuant Corporation and (ii) the remaining part “MHT” of the applied-for mark is identical to the cited mark ““MHT, device” of Registration No.182970 granted on 13 April 2012 for the same goods/services in Class 07 & 12.
Marine Hydrotec Co., Ltd. has appealed against the NOIP’s refusal to register the mark, arguing that: (i) The cited mark "HYDROTEC" of application No. 4-2010-14036 under the name of Actuant Corporation was rejected for registration(Decision No.1012 /QD-SHTT dated January 7, 2013); this decision was not appealed against, as such the application for trademark registration is considered withdrawn, is no longer a barrier to the registration of the applied-for mark, and (ii) the applied-for mark and the cited mark "MHT, device" is not identical to each other and belong to the same owner, that is Marine Hydrotec Co., Ltd.
Holding that the argument of the appellant is grounded, the NOIP issued Decision No. 2652/QĐ-SHTT of 28 May 2019 to cancel its previous refusal decision and accept to register the mark “MHT Marine Hydrotec, device”.