Invalidation request to trademark “KAIWO” rejected

On 20/03/2019, a domestic legal entity (Vietnamese) had filed trademark application no.VN-4-2019-08284 – KAIWO  for products “fishing rods; fishing lines; fishing hooks; fishing rod bags; fish nets for fishermen; fishing tackle” in Class 28 and was granted Trademark Registration Certificate no.385695 on April 28, 2021.

About 6 months later, on November 5, 2021, Ningbo Kaiwo Fishing Tackle Seiko Co., Ltd., (“Ningbo Kaiwo”) through its representative, filed with the IP Vietnam an invalidation request to the above-said trademark on the grounds that the trademark did not meet the protection equirements at the time when its registration application was filed as prescribed at Article 74.2.(g),(k) of the IP Law.

The arguments that Ningbo Kaiwo put forth are:

(i) the above-mentioned registered trademark "KAIWO" is identical to the word “Kaiwo” which is dominating and distinctive element of the name Ningbo Kaiwo Fishing Tackle Seiko Co., Ltd.,;

(ii) the trade name “Kaiwo” has been registered and used by Ningbo Kaiwo since 2015, before the day on which the legal domestic entity (the Vietnamese) filed the application for registration of the trademark KAIWO;

(iii) Ningbo Kaiwo is a reputable fishing gear manufacturer, the legitimate owner of the trademark “KAIWO” for products in Class 28 in China according to Trademark Application No. 54349429 filed on March 26, 2021;

(iv) Products bearing the KAIWO trademark of Kingbo Kaiwo have been widely promoted to the Vietnamese market; 
(v) ​​The trademark “KAIWO” of Kingbo Kaiwo has been widely used and recognized before the filing date of the legal domestic entity.

In response, the domestic legal entity counter-argued as follows: 

(a) In order to prove “KAIWO” is its trade name, Ningbo Kaiwo submitted 02 registrations: No. 8582756, issued on November 28, 2011 and 13157143, issued on February 14, 2015 in China. However, these documents are not suitable for establishing a trade name in Vietnam. Specifically, on April, 28, 2021 - the day on which the Vietnamese legal entity was granted Registration Certificate No.385695- KAIWO the foreign company Ningbo Kaiwo Fishing Tackle Seiko Co., Ltd., had not yet been granted an Investment License and did not have a production facility or business activities in Vietnam - which is mandatory  condition for a trade name to be recorded. Therefore, Ningbo Kaiwo has no legal basis to request the cancellation of the above KAIWO trademark; 

(b) Kingbo Kaiwo also failed to provide appropriate, verifiable evidence that its “Kaiwo” trademark was widely recognized and used for fishing rod products in Vietnam before March 20, 2019, the date the local legal entity’s application for the “KAIWO” trademark was filed; 

(c) Other evidence such as information on the sale of products bearing the trademark "kaiwo" on websites such as https://vietnam-flshing.com; https://shopee.vn or information on product promotion through social networking sites such as facebook, youtube, etc., were all made after the filing date of March 20, 2019 of the trademark "KAIWO" of the local legal entity; therefore, they dos not support Ningbo Kaiwo's arguments.

After having reviewed and verified the documents and evidence submitted by each party, the IP Vietnam held the invalidation request of Ningbo Kaiwo Fishing Tackle Seiko Co., against the trademark KAIWO unfounded, so it issued Notice No. 26503/TB-SHTT.Ip dated August 25, 2025 rejecting this request.

Ningbo Kaiwo Fishing Tackle Seiko Co., Ltd. has 09 statutory days to appeal IP Vietnam's Notice./.