Small and insignificant changes in trademark format are not a basis on which to find Loss of Trademark Rights

The Vietnamese business Vina Acecook had registered the figurative sign below as a Vietnamese trademark for instant noodles (Registration. 62360) in Class 30.

This Registration was revoked on the grounds of non-use following an action before the National Office of Intellectual Property of Vietnam (NOIP). Because the Registration was used with the verbal element “VINA ACECOOK”, it was not used in its registered form “VIFON ACECOOK” together with other figurative elements had been changed.

In its observations, the appellant claimed that the respondent’s genuine use was not pursuant to the registered mark. Thus, the use of the mark together with a verbal element “VINA ACECOOK” precluded genuine use.

In its reply to the cancellation action, Pham & Associates on behalf of the trademark owner argued that.

- The fact that “VIFON ACECOOK” was the abbreviation of the former respondent’s trade name (Joint Venture Company), whereas “VIFON ACECOOK was being the trade name of today's company (Joint Stock Company). These verbal elements have been used by the respondent to identify itself and distinguish its businesses from others in the same field.

- Likewise, the mark consists of “Hao Hao TOM CHUA CAY, Fig.” is to identify and distinguish the source of the goods of the respondent from those of others.

- Similarly, the minor changes in trademark format (i.e. adding a descriptive word “flavour” or changing the size of letters “MI TOM CHUA CAY” or rearranging some parts such as onion, hot pepper) which do not change the basic, overall commercial impression will not constitute an abandonment and will not interrupt the user's chain of ownership back use of the original format.

In view of the above, the NOIP agreed with the respondent’s counter-arguments and rejected the appellant’s cancellation request.