Trademark Registration no.398747- “Platinum TE PASPALUM, figure”  proposed to be invalidated

Grounds: Article 74.2.(g,i),Article 96, the IP Law; Article 3, the Civil Code.

Emerald Green Holdings LLC., headquartered at Delaware 312 S. Lewis St LaGrange Georgia 30240 (Hoa Kỳ), the owner of USA’s Trademark Registration no.7033686 –“PLATINUM TE” (“the cited trademarkg”) for “sod and grass stolons produced and sold by professional sod and grass stolon producers and sold to professional buyers for golf courses, sports fields and commercial landscaping projects” in Class 31 has petitioned with the IP Vietnam to request the invalidation  of  the national (VN) Trademark Registration  No.398747-Platinum TE PASPALUM, figure”  (“the opposed mark”), granted on October 4, 2021, for “natural fresh grass for planting; natural fresh grass for horticultural purposes “ in Class 31 on the ground of not meeting the the protection conditions at the time of granting the protection title as prescribed in Article 74.2(g,i) and 96 of the IP Law and Article 3, the Civil Code, namely (i) is confusingly similar to the cited mark and (ii) bad faith in filing the trademark application because doing business in the same field, the opposed mark owner (“defendent”) could not have known that PASPALUM grass products specialized for golf courses, bearing the mark PLATINUM TE have been widely used and become famous for years; this product, through the defendant's business relationship in the past, has also been imported and used for golf courses in Vietnam since 2015. Essentially, the defendant's  act of filing a trademark application is illegal appropriation of another person's trademark for bad purposes.

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

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