The Ministry of Science and Technology upheld the appeal on trademark ONETOUCH REVEAL

Application:       ONETOUCH REVEAL

Filing no.:          4-2011-00989

Classes:           09 & 10

Factual background

January 18, 2011, Johnson & Johnson applied a Vietnamese trademark application registration of ONETOUCH REVEAL in classes 09: software in conjunction with blood glucose monitoring device and 10: Blood glucose monitoring device.

August 23, 2012, the National Office of Intellectual Property (‘NOIP’) issued a Notice of intention to grant trademark registration in which disclaimed the word "REVEAL" as to be descriptive its nature of goods in the classes 09, 10. The first appeal had been filed by Pham & Associates (‘P&A’) with NOIP.

May 09, 2013, the NOIP issued a Decision no. 2233/QD-SHTT rejecting the first appeal. P&A continued to lodge the second appeal with the Ministry of Science and Technology (MOST).

December 02, 2014, the MOST issued a Decision No. 175/QD-BKHCN upheld the complainant that not considered “REVEAL” as a disclaimer.

Comments

The MOST annulled the NOIP’s Decision no. 2233/QD-SHTT and also agreed with the P&A’s finding that:

i) The signs that consumers see and that immediately know the characteristics, nature and purpose of use of such product. It thus is considered to be descriptive character.

ii) Where "REVEAL" not directly indicate the nature of product. "REVEAL" means “disclose", a vague word when used in its products. The use of "REVEAL" is likely distinctive.

In fact, the NOIP has accepted a number of trademarks not describe directly its nature of goods or services such as "Four Excellence" for product of fish sauce; “Matière” for product of building materials.

For more information about this case, please contact us via Email: hanoi@pham.com.vn

Pham & Associates