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NOIP refused cancellation request agaisnt trademark Registration no.147365

18/01/2019
A cancellation request is filed to NOIP agaisnt  trademark Registration no.147365 "Fantiny, figure" for goods of Class 11 "Sanitary apparatus (baths, showers, wash basins) made of mica and composite materials" on the ground  that it does not meet the protection criteria...

 

A cancellation request is filed to the National Office of Intellectual Property (NOIP) agaisnt  trademark Registration no.147365 "Fantiny, figure"  granted on June 11, 2010 for goods of Class 11 "Sanitary apparatus (baths, showers, wash basins) made of mica and composite materials" in the name of Công ty TNHH Thương mại và sản xuất quốc tế MICA (MICA International Trading and Production Co., Ltd.) on the ground  that it does not meet the protection criteria due to similar confusion with the trademark "FANTINI" registered for the same Class 11 and  also being the trade name of Italian Fratelli Fantiny S.p.A.

In the cancellation request the Fratelli Fantiny SpA’s representative, while stating that the "FANTINI" trademark has been used for "shower and bathroom apparatus " since 1947, was registered for the first time in Italy in 1951 and has been protected in many countries, and is recognized  a well-known mark, but failed to provide any evidence to prove that the "FANTINI" trademark was widely used in Vietnam before October 31, 2005, the day MICA Ltd. filed an application for registration of "Fantiny, image" trademark in Vietnam. In fact, in Vietnam Fratelli Fantiny SpA had no agents/shops to sell or distribute "FANTINI" sanitary apparatus; these apparatus were not displayed at any sanitary apparatus fair, exhibition or advertised/marketed on media channels.

Under Vietnam IP legislational,   " a widely used and recognized trademark" must be the trademark that has been widely used  a long time in Vietnam that make relevant consumers to know it. A trademark that has been registered and widely used in other countries should not be considered as an evidence for recognising the widely-used  status in Vietnam.

Based on the above argument  on January 4, 2019, the NOIP issued Decision No.56 / QD-SHTT on refusing the cancellation request against Registration no. 147635 "Fantiny, figure" trademark.

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