Applied-for mark  ““CALCIUM GREEN D3&K2-MK7 ME&BE, figure”” is being opposed

Grounds: Article 28 and 73.5  IP Law; Point 39.12.a(iv) Circular 01/2007/TT-BKHCN

ENTERTAINMENT ONE UK LIMITED and ASTLEY BAKER DAVIES LTD., the copyright owners under Vietnam Copyright Registration Certificate (CRC) No.662/2020/QTG to protect the work with the featured character Peppa Pig which is widely known in Vietnam and the world in many genres such as stories, cartoons, videos..., has petitioned with the IP Vietnam to oppose the national trademark registration application No.4-2021-45591 “CALCIUM GREEN D3&K2-MK7 ME&BE, figure” (“the applied-for mark””) on the following grounds: (i) images of the Peppa Pig character and other characters of the “Peppa Pig” family are copyright protected in Vietnam not only under the aforementioned CRC but also under a series of other CRCs in the United States; since Vietnam and the United States are both parties to the Berne Convention for the Protection of Literary and Artistic Works, this protection is automatically effective in both countries, and (ii) the applied-for trademark containing images of characters similar to those of the Peppa Pig family without the copyright owners’ consent is an infringement of copyright, misleading consumers into thinking that the goods/services bearing such mark are produced or performed by the copyright owners.

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

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