Provisional refusal of IRN1620898-NID D’ANGE requested to be reviewed

Grounds: Article 74.2( e), IP Law

The IP Vietnam has sent the Notification of Provisional Refusal of Protection No.2022/07 NTT14 dated February 24, 2023 to WIPO, notifying that the International Registration of Mark (IRN) 1620898-NID D'ANGE (“applied-for mark”) for protection of goods in Class 05 and other classes under the name of  ITM ENTREPRISES ("ITM")  headquartered at 24 rue Auguste Chabrières F-75015 PARIS (FR) is provisionally  denied partial protection for products in Class 05 on the grounds of confusing similarity to earlier national Trademark Registration No.119303 -NIDALGEL (“cited mark”) registered for products in Class 05 currently in effect in Vietnam.

Iin responding to the IP Vietnam’s Notification above, on behalf of and authorized by ITM, Pham & Associates counter-argued that the applied-for mark NID D'ANGE is distinctive and not confusingly similar to the cited mark NIDALGEL; they differ in their meaning, structure, pronunciation as well as visual impression. In addition, the goods in Class 05 bearing these marks are pharmaceuticals, or the products  which are similar to pharmaceuticals or related to human health, and are therefore often purchased with caution by consumers, following prescriptions or advices of doctors or medical professionals, so it is unlikely that confusion will occur.

Based on this counter-arguments, the applicant requested the IP Vietnam to withdraw its Provisional Refusal of Protection of the trademark NID D'ANGE.

The case is being reviewed by the IP Vietnam.

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