Invalidation request against CCGrass trademark rejected

In May 2020, CoCreation Grass Co., Ltd (“CoCreation Grass”) filed an application with the IP Vietnam requesting the invalidation of Trademark Registration No. 340114 -“CCGrass” (the word mark, application filed on August 13, 2018, Registration issued on December 16, 2019) under the name of a legal entity Jiang Yao (hereinafter referred to as “Jiang Yao’s “CCGrass” trademark”) for the following reasons: (i) Jiang Yao’s “CCGrass” trademark is a complete copy of CoCreation Grass’s figurative “CCGrass” trademark which has been registered in China on  June 28, 2014, (ii) Because it is presented in a stylized, artistic letters, the "CCGrass" mark of CoCreation Grass is a copyrighted work; therefore, copying it is a violation of copyright under the Berne Convention, to which Vietnam is also a member. (iii) CoCreation Grass has had a branch in Vietnam since April 2018, and the "CCGrass" logo has been used on products marketed in Vietnam before the date Jiang Yao's "CCGrass" trademark was filed for registration (i.e., August 13, 2018). Therefore, it can be concluded that the application in question  was filed with malicious intent, and its Trademark Registration must be revoked.

In response, Jiang Yao's representative asserted:

(a) The word mark "CCGrass" granted under Certificate of Registration No. 340114 dated December 16, 2019, to Jiang Yao fully meets the protection conditions as stipulated in Articles 72, 73, and 74 of the IP Law 2005, amended and supplemented in 2009. This fact also proves that the copyright violation accusation is unfounded;

(b) The aforementioned word mark "CCGrass" was granted when Article 96. Invalidation of the validity of protection titles of the IP Law 2005, amended and supplemented in 2009, does not stipulate that an application in bad faith is grounds for revoking the validity of a protection titles; therefore, it cannot be applied in this case.

After reviewing the case based on the arguments of both parties, the IP Vietnam issued Notice No. 152875/TB-SHTT.IP dated September 30, 2025, rejecting the invalidation request against Registration Certificate No. 340114 issued to Jiang Yao. The applicant CoCreation Grass Co., Ltd  has the right to appeal within 90 days from the date of receiving the Notice./.