The mark “igus” is proposed to be invalidated

Ground: Article 74.2(c), 74.2(k) of the IP Law and Point 39.12.a(iii) of Circular 01/2007/TT-BKHCN.

On behalf of and authorized by IGUS Vietnam Co.,Ltd., (“IGUS Vietnam”),  Pham & Associates has petitioned with the IP Vietnam to invalidate the Trademark Reg. No.400762 “igus” for protection of products in Class 07 and 09 on the ground that this mark failed to meet the protection requirements as specified in Article 74.2(g) of the IP Law.

Specifically, the arguments for invalidation is:

(i) the mark "igus" proposed to be invalidated is exactly the same as the unique distinctive element "IGUS" in the trade name of IGUS Vietnam and the products in Class 07 and 09 which this mark is sought for protection is also within the scope of business products of IGUS Vietnam. The trade name “IGUS” was established on January 20, 2017, a long time before May 16, 2019 when the application for registration of the trademark “igus” was filed;

(ii) the products involved in this case, imported from the parent company “igus® GmbH” and its affiliates, have been distributed in the Vietnamese market under the trade name “IGUS Viet Nam Co., Ltd." and the "igus" brand  for thousands of customers in most provinces and cities of Vietnam, so if  the allegedly infringing mark "igus" is used, it will mislead consumers about the origin of the products.

The case is being handled by the IP Vietnam./.

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