Request for Invalidating the mark "JianMei, figure" was rejected

Ground:  Article 74.2(g), Article 87, Article 96.1(b) and 96.2, the IP Law

Guangdong LMA Aluminum Profile Factory (Group) Co., Ltd (“Guangdong LMA”) has petitioned with the IP Vietnam to invalidate the Trademark Registration No. 276141”JianMei [Kien My], figure” (granted 17/02/2017 on the basis of the application filed on June 30, 2015) for the product “Aluminum alloy; metal doors; metal windows; partitions made of aluminum alloy; metal building materials; metal parts for windows” in Class 06 under the name of Guangxi Yingxing Trade Co., Ltd. (“Guangxi”) on the ground that the mark in question is similar to the widely-used trademark of the Guangdong LMA.

After reviewing the case, the IP Vietnam made a decision not to accept the Guangdong LMA's invalidation request holding  the petitioner failed to provide documents, evidence and arguments to demonstrate that: (i) the filing of the application Guangxi's registration of trademark "JianMei [Kien My], figure" is contrary to the provisions of Article 87 of  the IP Law on the rights to file an application and (ii) the cited marks "JMA',"JianMei" and “figure” of the Guangdong LMA had been actually widely used and recognized in Vietnam before the date when the application for registration of the mark "JianMei [Kien My], figure" was filed.

Guangdong LMA has the right to appeal against the above decision of the IP Vietnam or to bring the case to court.

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