By removing Class 35 & 44, "THE GRAND HO TRAM STRIP, figure" is accepted for registration.

The applied-for mark “THE GRAND HO TRAM STRIP, figure” of Application no. 4-2013- 11207 by Asian Coast Development Ltd. (Canada) for Classes 35, 41, 43 and 44 was denied by NOIP’s Decision no.12758/QD-SHTT dated March 7, 2016 on the grounds of being confusingly similar to the cited trademark: "GRAND" of  Intl’s Reg. no 677618 under the name of  ONOMENTO Co., Ltd.; "P Grand, figure" of National Reg. no.71382 under the name of Tri Minh Co., Ltd.; "Grand Hotel" of Intelnational Reg. no 117349  under the name of MTV Co., Ltd. ; "Grand, figure" of Intl’ Reg. no.963018 under the name of ONOMENTO Co., Ltd. and "LE GRAND" of  National Reg. no.133704 under the name of TOJI Vietnam JSC.

On behalf of the applicant, Pham & Associates appealed to the decision. The appeal is based on the following:

(i) The applicant has proceeded with the procedure of removing Class 35 and Class 44 from the list of services applied for registration. As such, the remaining services list under  Class 41 are nightclub entertainment services with music, dance and comedy; gambling and casino services; organizion of performances, organization of educational or entertaining contests ... and Class 43 is hotel and restaurant services; resort services that provide temporary accommodation, food and water for guests by the restaurant itself ... are no longer similar to the goods/services of the cited earlier maks of Intl’s Reg. no.677618 and National Reg. no.71382 and 133704;

(ii) Earlier, the NOIP has granted Trademake Registration Cerificates no.315473 and no.315474 to the applicant’s trademarks which contain the element “THE GRAND HO TRAM STRIP" for the services in Class 41 and Class 43 that are similar to  those of the trademark applied for.

After having reviewed the case and found that the appeal is grounded, the NOIP issued Decision no.6259/QD-SHTT on December 27, 2019 revoking the previous refusal and accepting to register the mark “THE GRAND HO TRAM STRIP, figure” of Application no.4-2013-11207.