Binh Minh Trademark Dispute: Supreme People’s Procuracy issues Decision to Lodge a Cassation protest

According to domestic press reports, the Chairperson of the Supreme People’s Procuracy (“SPP”) has recently issued a decision to lodge a cassation protest against the controversial appellate judgment rendered by the Ho Chi Minh City High People’s Court in the trademark dispute between Binh Minh Plastic Joint Stock Company (Plaintiff) and Binh Minh Viet Plastic Joint Stock Company (Defendant).

In its decision to lodge the cassation protest, the SPP stated that the plaintiff’s claims had been rejected by both levels of court without sufficient legal basis, thereby seriously affecting the legitimate rights and interests of the enterprise. On that basis, the SPP requested the Council of Judges of the Supreme People’s Court to set aside both the first-instance and appellate judgments and remand the case for retrial. The SPP also requested the suspension of the enforcement of the appellate judgment pending the outcome of the cassation review.

Accordingly, the trademark dispute—whose ruling has been considered controversial by legal experts and the business community—has not yet reached its final conclusion. The case will continue to be examined under cassation review, a special procedure that allows for the reconsideration of legally effective judgments and decisions where there are indications of errors in the application of law, serious procedural violations, or conclusions inconsistent with the objective facts of the case, thereby causing harm to the legitimate rights and interests of the parties, infringing upon public interests, the interests of the State, or the lawful rights and interests of third parties.

For further details of the case, readers may refer to our article at: https://dnlaw.com.vn/cases-comments/binh-minh-is-not-confusingly-similar-to-binh-minh-viet/.

D&N International will monitor and continue to inform readers of new developments in this highly publicized trademark dispute.