Appealed successfully, “coolBFS, figure” accepted for registration

KOCHER-PLASTIK MASCHINENBAU GMBH located at Talstrasse 22-30, 74429 SULZBACH-LAUFEN (DE), represented by Pham & Associates Law Firm (the Appellant) has petitioned with the IP Vietnam to appeal against the Notice no.2015/10 MDQ11 dated March 08, 2016 of this authority on provisionally refusing a part of the services in Class 39 of the International Registration - IRN. 1239727 “coolBFS, figure” designating Vietnam on the ground of confusing similarity with prior trademarks curently effective in Vietnam, namely “BFS Bangkok Flight Services, image”, “BFS GROUND Bangkok Flight Services, image” and “BFS CARGO Bangkok Flight Services, image” (the cited marks) for services in Classes 35, 37, 39 and 45.

In his appeal, the Appellant counter-argued that services “Leasing and renting of packaging systems, namely container filling systems, filling machines for containers…” in Class 39 of the IRN 1239727 “coolBFS, figure” are not confusingly similar to the “flight planning services; baggage handling services at the airport…” in Class 39 of the cited trademarks. In addition, the Complainant has obtained a Letter of Content from WFS GLOBAL SAS, the owner of the cited trademarks, agreeing to allow the owner of IRN 1239727 “coolBFS, figure” to use this trademark for services in Class 39 in Vietnam. Therefore, this trademark meets the conditions for protection in Vietnam.

Held the Complainant's argument well-founded, the IP Vietnam revoked the previous Notice and accepted to register IRN 1239727 "coolBFS, image"./.