Invalidation of International Trademark Registration “toya” in Vietnam

On September 17, 2024, Toyo Aluminium Kabushiki Kaisha (the Petitioner) filed Request No. ĐN1-2024-00291 with the Intellectual Property Office of Vietnam (IP Vietnam) seeking the invalidation (cancellation due to non-use) of International Registration (IR) No. 851673 for the mark “toya”, designating Vietnam, held by "TOYA" Spółka Akcyjna (the Holder). The ground for cancellation was that the mark had not been used by the Holder for five consecutive years prior to the filing date of the cancellation request (from January 1, 2019, to September 17, 2024). Evidence of non-use submitted by the Petitioner comprised a Vietnam Market Survey Report conducted by the Institute of Economics and Finance (under the Ministry of Finance), enclosed with Official Dispatch No. 74/VKTTC-TTGC-CVNH dated August 28, 2024, addressed to IP Vietnam.

Upon receipt of the request, IP Vietnam notified the Holder of the Petitioner’s cancellation action.

On December 25, 2025, "TOYA" Spółka Akcyjna (PL), acting through its IP representative, filed a response with IP Vietnam, contending that the mark had in fact been, and continued to be, used in Vietnam on packaging for relevant goods in Classes 01, 04, 06, 07, 08, 09, 11, 12, 14, 16, 17, 18, 19, 20, 21, 22, 27, 28, and 34, which were imported into Vietnam through an authorized local distributor. Concurrently, the Holder stated that it was engaged in negotiations with the Petitioner to reach an amicable settlement and therefore requested IP Vietnam to suspend the cancellation proceedings pending the outcome of such negotiations.

IP Vietnam rejected the Holder's arguments, finding that the photographs submitted as evidence of use failed to indicate the date and location where they were taken. Consequently, it could not be verified that the mark had been genuinely used in commerce in Vietnam prior to the filing date of the cancellation request, and such materials were deemed inadmissible as valid proof of use. Furthermore, although the Holder had requested a suspension of the proceedings to conduct settlement negotiations with the Petitioner, no information regarding the outcome of said negotiations had been submitted by August 2026 as proposed.

Based on the foregoing findings and assessments, on September 30, 2026, IP Vietnam issued Decision No. 143463/QĐ-SHTT.IP declaring the invalidation of International Registration No. 851673 of "TOYA" Spółka Akcyjna (PL) in respect of Vietnam, as requested by Toyo Aluminium Kabushiki Kaisha./.