Successful Appealed, International Trademark Registration “MINAMO & Device” accepted for Protection in Vietnam

International TM Registration No.1500249 -“MINAMO & Device”, designating Vietnam for services in Class 43, owned by YUGEN KAISHA NANIWA RYOKAN, addressed at 21, Suetsuguhonmachi, Matsue-shi, Shimane 690-0843, Japan (the “Applicant”), has been provisionally refused by the Intellectual Property Office of Vietnam (IP Vietnam). The refusal was based on the grounds that the applied-for mark is confusingly similar to the prior national trademark No. 219404 – “MONAMI lay động cảm xúc & Device”, registered for services in Classes 42 and 43, which is currently in force in Vietnam. IP Vietnam’s provisional refusal conclusion was based on Article 74.2(e) of the IP Law, as follows:

“A mark shall be deemed indistinctive if it is identical or confusingly similar to a mark already registered for identical or similar goods or services on the basis of an application with an earlier filing date or priority date, including trademark applications filed under international treaties to which the Socialist Republic of Vietnam is a member.”

Believing that IP Vietnam’s conclusion was groundless, the Applicant’s representative argued that the applied-for mark possesses distinctive character, as it is completely different from the cited prior mark in terms of pronunciation, meaning, and overall impression. Consequently, there is no likelihood of confusion between the two marks. The specific arguments are as follows (see the comparison of the two marks in the image below)

(i) In terms of appearance: The two marks are entirely different in their visual appearance. The applied-for mark consists of the word “MINAMO” presented in a block font; above the letters “MO” is a duck depicted beneath a flower branch, with a bird flying over the tip of the branch. In contrast, the cited mark consists of the word “MONAMI” in a stylized font, featuring a spade-like symbol  (as in playing cards) on the left side, and the phrase “lay động cảm xúc” (stirring emotions) in smaller text underneath."

"(ii) In terms of meaning: The two marks also differ semantically. In the applied-for mark, “MINAMO” is a Japanese transliteration meaning “water surface”; whereas in the cited mark, “MONAMI” is recognized as “MON AMI”, which is French for “my friend”; the entire word element of the cited mark thus translates to “My friend, stirring emotions”.

(iii) In terms of pronunciation: The two marks are phonetically distinct: “MINAMO” is pronounced as /mi-na-mo/, while “MONAMI” is pronounced as /mon-a-mi/."

Upon re-examining the case, IP Vietnam found the Applicant’s appeal to be well-founded. Consequently, it issued Decision No. 610/QD-SHTT dated January 8, 2026, to grant protection for International Registration No. 1500249 – “MINAMO & Device” in Vietnam./."