Successfully appealed, "HGC GLOBAL COMMUNICATIONS" is protected

Trademark application No. 4-2017-41332 - "HGC GLOBAL COMMUNICATIONS", filed on December 12, 2017 ("applied-for trademark") by HGC Global Communications Investments Limited ("applicant"), located at Vistra Corporate Services Centre, Wickhams Cay II, Road Town, Tortola, VG1110, British Virgin Islands, for protection of products/services in Classes 09, 35, 37, 38 and 42 was rejected by the NOIP on the ground that it is confusingly similar to the cited earlier trademark "HGC ibizCloud, design" (TM Registration no. 287911, the application filed on November 27, 2015, registered on September 13, 2017) for products/services in Classes 09, 35, 37, 38 and 42 as prescribed in Article 74.2.(e) of IP Law.

The applicant appealed the above decision, arguing that: (i) the applied-for trademark and the cited earlier trademark are different in terms of their appearance, pronunciation and meaning, they are not similar enough to cause confusion to consumers, and (ii) the applicant is also a shareholder of owner of the cited earlier trademark and has acquired a Letter of Consent by this legal entity to register and use the trademark "HGC GLOBAL COMMUNICATIONS" in Vietnam; This agreement shows that there is no conflict of interest or infringement of TM rights between the two parties.

Reviewing the case and verifying the evidence attached to the appeal, the IP Vietnam found that:

(i) The applied-for trademark and the cited earlier trademark are not confusingly similar. They differ in appearance, specifically “HGC GLOBAL COMMUNICATIONS” is presented in two lines, the upper line is "HGC", in uppercase with larger font size, bolded in red; the lower line is “GLOBAL COMMUNICATIONS” in smaller font size; meanwhile, the referenced trademark consists of a cloud drawing at the beginning of the wording "ibizCloud” presented on one line (see image on the right). The two trademarks are also pronounced differently and have different meanings, namely “HGC  global communication” vs. “ibiz HGC cloud”;

(ii) The Applicant has obtained a Letter of Consent from the owner of the referenced trademark allowing the filing of an application for registration and use of the trademark "HGC GLOBAL COMMUNICATIONS" in Vietnam.

The above facts show that the applicant's complaint is well-founded. Therefore, the IP Vietnam has revoked the previous refusal decision and accepted the protection of the trademark "HGC GLOBAL COMMUNICATIONS" as a whole, not protecting “GLOBAL COMMUNICATIONS” apart from the mark as shown./.