Applied-for mark  ““VAL VENOSTA, figure” was refused

Grounds: Articles 73.5, 74.2d, IP Law.

Trademark application No. 4-2019-34999 "VAL VENOSTA, figure" under the name E-FOODS Company Ltd. located at 113 Phan Dang Luu, An Duong District, Hai Phong City, filed on September 10, 2019 for products/services "Trading, importing and exporting fresh fruits, fresh apples" in Group 35 was objected to by a third party on the grounds that the applied-for mark contains word element "Val Venosta", the name of South Tyrol - an autonomous province in northern Italy, cannot be registered as an ordinary mark; in addition, as the applicant has the address and does business in Vietnam, this word also causes confusion to customers about the origin of the product/service.

The IP Vietnam, based on results of substantive examination, held that the opposing party's opinion was well-founded and informed relevant parties accordingly to respond. As the 3-month deadline to respond has expired but the applicant has not taken action, the IP Vietnam issued the decision to refuse the Applied-for mark “VAL VENOSTA, figure”.

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