Request for invalidation of trademark “JMAALUMINIUM, figure” accepted

GUANGXI YINGXING TRADE CO.,Ltd  - owner of Certificate of Trademark Registration (“VN Reg.”) No. 276141 “JianMei [Kiên Mỹ], figure”, granted on February 17, 2017 (“the cited mark”) for products aluminum alloy; metal doors; metal windows; partitions made of aluminum alloy; metal building materials; metal parts for windows in Class 06 - has petitioned with the IP Vietnam to invalidate the VN Reg. 297083 “JMAALUMINIUM, figure” (“the objected trademark”), granted on March 20, 2018 for products metal doors, metal aluminum bars, metal sliding plates; anti-friction metals; metal door handles; metal door locks in Class 06 for Guangdong JMA Aluminum Profile Factory (Group) Co., Ltd on the grounds that the objected mark does not meet the requirements for protection at the time the protection title is granted due to confusing similarity to the earlier cited mark

Specifically, the opponent’s arguments are as follows:

(i) The word element JMAALUMINIUM in the objected trademark is compounded by the word “JMA” and “ALUMINIUM”. As the wod aluminum describes products which the objected mark registers for, so it is not distinctive. Therefore, the distinctiveness of the mark will depend on “JMA”. However, “JMA” and “JianMei” in the cited mark is similar in pronouncing;

(ii) the products which the objected trademark registered for are similar to those of the earlier cited mark, all of which are in Class 06.

In comparing these marks, the NOIP founded that they have a similar structure as a whole, that is, both them have the figurative part upper and the word part lower, in which the figurative part in larger size is dominant factor, strongly affecting the visual and perception of consumers. To some extent, the opponent’s argument that the the word “JMA” and “JianMei” is similar in pronounciation is not appropriate, but overall, these two marks are similar in structure, visual impression and products bearing the mark, thereby misleading consumers into thinking that they are variations of each other or have the same origin.

From the above points, NOIP has issued a decision to invalidate VN Reg. 297083 “JMAALUMINIUM, figure”./.