Successfully Appealed: IRN 1368334 - Plus Device Accepted for Protection in Vietnam

Trademark “Plus device” (IR No. 1368334 - see photo on the left) , owned by Wenger S.A. (CH), designating Vietnam, has been provisionally refused by IP Vietnam. The authority cited Article 74.2(b) of the IP Law, which states that a mark is deemed indistinctive if it consists of:

"Signs, conventional symbols, drawings, or generic names of goods or services in any language; the common shape of goods or parts thereof; or the common shape of packaging or containers that have been used frequently and widely recognized prior to the filing date."

Based on this, IP Vietnam argued that the plus device was a “conventional symbol” widely used by the public and thus ineligible for protection.

Acting as the authorized representative of the trademark owner, Pham & Associates filed a formal complaint to challenge this refusal. The firm argued that the mark is not merely a conventional symbol, but a sophisticated graphic combination: a black plus device nested within a red quadrilateral with four rounded corners and a black frame. By emphasizing this unique structural arrangement, Pham & Associates proved that the Plus device possesses a distinctive character that sets it apart from the conventional symbols described in Article 74.2(b).

Furthermore, Pham & Associates cited legal precedents where simpler cross/plus device-based marks (such as IR Nos. 837400  and 1101192 ) have been successfully registered in Vietnam. Following a thorough review, IP Vietnam found the arguments of Pham & Associates to be well-founded. Consequently, the authority overturned the refusal and issued Decision No. 260658/QD-SHTT on December 16, 2025, officially granting trademark protection for the mark “Plus device” of  Wenger S.A. in Vietnam.