Successful Appealed, "DOCTOR MARTENS" accepted for Protection in Vietnam

The Intellectual Property Office of Vietnam (IP Vietnam) issued a Notification of Provisional Refusal against Intl’ Trademark Registration (IR) No. 1590119 –“DOCTOR MARTENS" designating Vietnam for goods in Class 25. The application was filed by "Dr. Martens" International Trading GmbH, located at Ahornstr. 8a - 82166 Gräfelfing (DE) and "Dr. Maertens" Marketing GmbH, located at An der Ach 3 - 82402 Seeshaupt (DE) (collectively referred to as the "Applicant").

The provisional refusal was grounded on the basis that the subject mark is confusingly similar to two prior international registrations designating and currently effective in Vietnam, namely: (i) IR No. 688932 - "AirWair Dr. Martens WITH BOUNCING SOLES & Device", registered for goods/services in multiple classes, including Class 25; and (ii) IR No. 1398756 - "Dr. Martens AIRWAIR WITH BOUNCING SOLES & Device", registered for goods/services in Classes 03, 18, and 25, both are under the name of GFM GmbH Trademarks.

Deeming the conclusion of IP Vietnam groundless, the Applicant’s representative filed an appeal based on the following arguments:

(i) Since the word "Dr. Martens" – the dominant element – is present in both the applied-for mark and the cited marks, these marks are considered similar in pronunciation, meaning, and overall impression; in other words, they are deemed to lack distinctiveness. This is indisputable;

(ii) However, the refusal of protection for IR No. 1590119 - "DOCTOR MARTENS" is unjustified because this case constitutes an exception. Specifically, the owner of the applied-for mark and the owners of the cited IR Nos. 688932 and 1398756 are affiliated companies. Therefore, the subject mark must be considered for protection on the basis of Article 74.2(e) of the IP Law, which reads as follows:

“A mark shall be deemed to be indistinctive if it is a sign other than an associated mark which is identical with or confusingly similar to a mark protected for identical or similar goods or services on the basis of an application with an earlier filing date or priority date in the case where the application enjoys a right of priority, including trademark applications filed under international treaties to which the Socialist Republic of Vietnam is a member.”

(iii) To prove compliance with the conditions for applying the provisions in item (ii) above, the Applicant’s Representative submitted to IP Vietnam the notarized original of a Letter of Consent (LOC) between the owner of the applied-for mark and the owners of the cited IR Nos. 688932 and 1398756. This LOC permits the registration and use of the "DOCTOR MARTENS" sign under IR No. 1590119 in Vietnam, and stipulates the rights and interests of the related parties in order to eliminate any likelihood of consumer confusion regarding the origin of the goods and services bearing the marks.

Upon reviewing the case, IP Vietnam found the Applicant’s appeal well-founded and subsequently issued Decision No. 71907/QD-SHTT dated May 06, 2026, granting protection to Intl’ Trademark Registration No. 1590119 - "DOCTOR MARTENS" designating Vietnam./.