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Appeal against refusal to register  “TOMORROW X TOGETHER, figure”

18/01/2022
Ground: Article 74.2(h),  IP Law

BigHit Entertainment Co., Ltd., the owner of trademark application No.4-2019-10837 “TOMORROW X TOGETHER, figure” sought for registration of services in Class 35 has petitioned with the IP Vietnam to appeal against the latter’s decision to refuse to register the mark on the grounds that the applied-for trademark does not meet the registration requirements as specified at Article 74.2(h),  namely it causes confusion with the earlier trademark “TOMORR W T GETHER, figure” under Registration No.185225.

The appellant argues that the earlier trademark that is cited for refusal of registration, has expired on June 21, 2020,  not been renewed, and before had been non-used for 05 years, thus being completely forgotten by consumers, so there is no likelihood of confusion between the cited mark and the applied-for mark.

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

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