Practice Highlights

Kim Vinh Phat filed an application at the NOIP for invalidation of the mark "PRESIDENT'S wax one" on the ground that the aforesaid  trademark is confusingly similar to the trademark "WAXONE 1".

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"...