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Applied-for mark  ““BIA FIZER” is being opposed

28/04/2023
Grounds: Article 74.2(i, g) and Article 112, IP Law

Pfizer Products Inc. (USA), headquartered at Eastern Point Road, Groton, Connecticut 06340 (USA), owner of the word-figure combined “Pfizer, figure” trademarks under VN TM Registration No.5398 and No.162523 and the word mark “PFIZER” under VN TM Registration No. 284908 (“cited marks”) for pharmaceutical preparations and veterinary preparations; sanitary preparations, ...vaccines" in Class 05 and 44, currently valid in  Vietnam has petitioned with the IP Vietnam to oppose applied-for mark application No. 4-2022-07903 “BIA FIZER” for protection of products “Beer; non-alcoholic beverages; mineral water and carbonated water; fruit drinks and fruit juices; syrups and other preparations for making non-alcoholic beverages” in Class 32 on the grounds that (i) the applied-for trademark is confusingly similar to the cited prior trademarks which have been widely used and become well-known marks in Vietnam as well as around the world and (ii) even if the products in Class 32 bearing the objected trademark  is not similar to the products in Class 05 of the cited marks, the use of that sign would affect the distinctiveness of the well-known mark "PFIZER", and there is reason to believe that the trademark registration is to take advantage of the reputation of the well-known trademark "PFIZER" which has long been associated with important medical products that have been helping millions of people around the world fight against dangerous diseases, the most obvious example is the Pfizer/BioNTech vaccine used worldwide during the Covid-19 pandemic.

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

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