Pham & Associates advised Bio Minerals N.V. in connection with its invalidation action against the mark OSA in the name of OSAKA Joint Stock Company under Registration No. 131184 for the good in Class 05 in Vietnam on the ground of none-use.
In its response, the respondent argued that the drug was observed in patients getting the drug are compared to the results observed in patients receiving a different treatment. In addition, the respondent provided with the evidence of use through its packaging. However, the National Office of Intellectual Property (NOIP) found that the said packaging actually bears the mark “RUBITA”, not “OSA”, the evidence of use was thus not probative value.
In February 2017, the NOIP upheld the petitioner’s conviction, and invalided the mark OSA under Registration No. 131184 for the good in Class 05 in Vietnam.
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