Successful appealed, "DERRICK STACK SIZER, design" accepted for registration

Trademark application No. 4-2014-02560 - "DERRICK STACK SIZER, design" of Derrick Corporation, located at 590 Duke Road, Buffalo, New York 14225, USA, represented by Pham & Associates, sought for registration of products "Industrial vibrating screen for separating wet and dry materials and machine parts" in Class 07 was refused by the IP Vietnam under Decision No. 29210/QD-SHTT dated April 18, 2019 on the grounds that the dominating element in the trademark applied for, namely  "STACK SIZER" – describes products bearing the mark, therefore is unregistrable as regulated by Article 74.2.c of the IP Law.

Considering that the IP Vietnam’s decision is incorrect, the Applicant appealed, arguing as follows:

(i) “STACK SIZER” is an arbitrary, unusual and creative combination of words; it does not describe or implies the nature or characteristics of the products “Industrial vibrating screen for separating wet and dry materials and machine parts”. Therefore, it does not violate the provisions of Article 74.2.c of the IP Law and can be registered as a trademark;

(ii) In fact, the trademarks "DERRICK STACK SIZER, design", "STACK SIZER" and "STACK SIZER, dessign" of the applicant Derrick Corporation have been accepted for protection in more than 30 countries around the world, including countries where English is the native language, or is commonly used, such as the UK, the US, France, Germany, Sweden, Spain, and EU countries; the above trademarks are protected as a whole; "STACK SIZER" is not protected separately. This is convincing evidence that "STACK SIZER" is not considered a sign that is descriptive of the product.

The IP Vietnam has reviewed the case and found that the complainant's argument is well-founded, therefore, it has revoked the previous refusal decision and issued Decision No. 150560/QD-SHTT dated July 25, 2025 to protect the trademark DERRICK STACK SIZER, design"./.