Featured Practices

Issues: Application of regulations promulgated before IP Law takes effect; The situation leads to the amendment to Article 220.3, IP Law 2005; The applicability of Decree No.63/CP of 1996 and/or Circular No.437/SC of 1993 in handling requests for invalidation of trademark registered  in dishonesty.

“SPORTDIRECT.com” of application 4-2013-07877 for services in Class 35 was rejected by the NOIP on the grounds of descriptiveness and indistinctiveness as prescribed in Article 74.2.c) of the IP Law.

Applied-for mark “ALIMET” for "Supplements for animal foods in the form of amino acids for veterinary purposes" in Class 05 was rejected on the ground ò being confusingly similar to the prior trademark no.51885 “ALIMET 20 DF” for “Pesticide” in the same Class...

Applied-for mark “ON-YASAI, figure” for services of Japanese food restaurant; food and beverage service provided by the restaurant in Class 43 was rejected on the grounds of indistinctiveness and describing goods/services of which the registration is sought..

Applied-for mark “PEAK PILATES” for products/services in Classes, 09, 28 and 41 was rejected for registration on the ground of describing the goods/services in respect of which the registration is sought...

The applied-for mark “THE GRAND HO TRAM STRIP, figure” of Application no. 4-2013- 11207 was denied protection on the ground of being confusingly similar to the cited trademarks "GRAND", "P Grand, figure", "Grand Hotel", "Grand, figure"...

The applied-for mark “CAMBRIDGE CORE” under the Intl’ Application no.1272293 for goods/services in Classes 09, 16, 35, 38 and 41 was rejected by the NOIP’s on the grounds that (i) the word element “CORE” is descriptive of the goods/services and (ii) the word element “CAMBRIDGE” is confusingly similar with the cited ...