Appealed successfully, “SKRETTING, figure” accepted for registration
Nutreco IP Assets B.V., located at Veerstraat 38, NL-5831 JN Boxmeer (NL), represented by Pham & Associates Law Firm (Appellant) has petitioned with the IP Vietnam to appeal against Notification no.2015/27 LMT10 dated 07/07/2016 on privisionally refusing registration of mark “SKRETTING, figure” under International Registration of Trademark (IRN) 1256483 for products in Class 31 on the ground that the applied-for mark is confusingly similar to the cited earlier mark “Pro chaete, hình” under IRN 1232820.
Considered that the above conclusion of IP Vietnam is unsatisfactory, the Appellant filed a complaint, arguing as follows:
.PNG)
(i) Both the applied-for trademark and the earlier trademark are combined word-figure trademarks, but there are significant distinctiveness from them in terms of structure/appearance, pronunciation and overall impression, specifically as follows:
– Regarding the word element: SKRETTING is completely different from “Pro chaete” in terms of structure, appearance and pronunciation;
– Regarding the figurative element: the figurative element in the applied-for trademark is the spiral curves expanding downwards and appears at the end of the word SKRETTING; while the figurative element in the earlier trademark is the spiral curves expanding upwards and appears at the beginning of the word Pro chaete;
(ii) The owner of the applied-for trademark “SKRETTING, figure” has contacted and acquired a Trademark Coexistence Agreement with the owner of the earlier trademark “Pro chaete, figure”.
The IP Vietnam held the Appellant’s above arguments well-founded; although the registered products bearing those trademarks are all in Class 31, due to the distinguishing ability between them, they do not cause confusion to consumers.
On that basis, the IP Vietnam issued Decision No. 69322/QD-SHTT dated May 9, 2025 to cancel the previous Notice and carry out the procedure for protecting the trademark "SKRETTING, figure" under IRN 1256483./.