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Response to the NOIP’s provisional refusal against the application for trademark “10-FLEX”: PROTECTION OF A TRADEMARK CREATED BY A SIMPLE NUMERAL AND A DESCRIPTIVE ELEMENT

Recently, D&N International has been successful in responding to the NOIP’s provisional refusal against the trademark “10-FLEX”. Significantly, in this case, the trademark is a simple combination of an indistinctive numeral and a descriptive element presented in a normal font which was considered lack of inherent distinctiveness. Facts TOZEN Corporation (a Japanese company) filed an […]

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The “AOP” collective mark case: THE MATTER OF REGISTRATION OF A COLLECTIVE MARK

Recently, D&N International, on behalf of Association suisse des AOP-IGP, Sweeden (“Applicant”) has successfully overcome the NOIP’s provisional refusal to register the  collective mark for goods in classes 29, 30, 31, 32 & 33  (“the Applied Mark”).   Facts:   The Applicant filed an international application for registration of the Applied Mark in Vietnam. However, […]

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The “Elégance” Trademark Case: The NOIP’s current trend of citing prior marks to refuse registration

Recently, D&N International, on behalf of Albion Co., Ltd., Japan, (“Applicant”) has successfully overcome the NOIP’s provisional refusal to register the  trademark for goods in classes 03 and 21 (“Applied Mark”) on the ground that it is similar to the same mark for goods in classes 9, 14, 16, 18, 24, 25, & 26 (“Cited […]

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The “D&N” trademark case: Protection of trademark, which is just a combination of two simple letters

D&N International has recently succeeded in appealing against the NOIP’s refusal to protect the “D&N” trademark for services in classes 35, 36, 41, 42 & 45 in Vietnam. Of note, the mark in this appeal is just a combination of two simple alphabetic letters and the ampersand “&”, which are considered indistinctive. Facts D&N International […]

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“SKY” Trademark case: Trademark cancellation on the ground of non-use

Recently, D&N International has been successful in requesting non-use cancelation against validity of two trademark registrations, thus overcoming the NOIP’s refusal to protect an international trademark in Vietnam. The case, once again, has given trademark owners warning about the possibility of cancelation of validity of their trademark registrations due to non-use. Facts On May 28, […]

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“SYNCMASTER CLOUD” Trademark case: Importance of recordal of owner’s address change

Samsung Electronics Co., Ltd. (“Samsung”) received the Notification No. 2012/22/NDTT07 dated 23 May, 2013 from the National Office of Intellectual Property (“NOIP”) on provisional refusal on protection of the trademark “SYNCMASTER CLOUD” (“Applied-for Mark”) under the International Registration No.  1116814 as it is considered as confusingly similar to the trademark “Synmaster” (“Cited Mark”) being   protected […]

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Feature: Decree 99/2013/ND-CP on Sanctioning of Administrative Violations in the Field of Industrial Property

As previously reported by D&N International, Decree 99/2013/ND-CP («Decree 99») on Sanctioning of Administrative Violations in the Field of Industrial Property was issued on August 29, 2013 and came into effect as of October 15, 2013 replacing Decree 97/2010/ND-CP(«Decree 97») dated September 21, 2010. It is worth reminding that the Law on Handling of Administrative […]

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Vietnam Intellectual Property Law: A major milestone in its international integration process

On November 19, 2005 the National Assembly of Vietnam has enacted the Law on Intellectual Property (IP). This event has marked a major milestone in the country’s international integration process bringing its IP protection system closer to the world, where independent and separate IP laws are common. The IP law will come into effect as […]

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