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Figurative element of applied-for mark "Ding Phong, figure of light-rays " is opposed

09/06/2022
Grounds: Article 74.2(e) and 112, IP Law

Walmart Apollo LLC., (“Walmart”), the owner of VN Trademark Registration No.296933 “figure of light-rays”, has petitioned with the IP Vietnam to oppose a figurative element of light-rays presented in the applied-for mark No.4-2021-46515 “Dinh Phong, figure of light-rays” sought for registration of products/services in the Class 17, 19 and 35 on the grounds that this figurative element is identical with Walmart's prior mark “figure of light-rays” already protected in Vietnam for services in Class 35 which includes  "supermarket, retail and wholesales related to plastic packaging materials” which is similar to the services that the applied-for mark seeks for registration.

Concretely, the contested applied-for mark consists of the word element "Dinh Phong" and the figurative element “light-rays” which has 6 evenly spaced yellow beams. This figurative element is completely identical with the Walmart's prior mark.

The case is being handled by the IP Vietnam./.

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