On December 3, 2013, Vietnamese Paint Company, Nhat Anh Co., Ltd filed an application for registration of the word sign ACZOBELL for, among other things, “paints, putty” (Classes 02, 19).
Pham & Associates on behalf of Akzo Nobel N.V. opposed the application on the basis of the respectively trademark registrations: i) AKZO under Reg. 192722; AkzoNobel under Reg. nos. 1064677, 622065, 822019 covered Class 02, 19 and the others.
On November 25, 2016, the National Office of Intellectual Property (NOIP) upheld Akzo Nobel’ opposition and concluded that there was a likelihood of confusion concerning those goods in Classes 02 and 19.
The NOIP compared the signs in question and pointed out that at present case the applied-for mark consisted exclusively of the prior trademark to which another word had been added was an indication that the two marks are similar.
In assessing the similarity of the goods covered by the trademarks at issue, the NOIP found that the goods in Classes 02 and 19 were identical.
The NOIP thus concluded that there was a likelihood of confusion between the marks.
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