SAMSUNG FLIP: Successful petition against the disclaimer imposed by the VNIPO
In February 2020, the Vietnam Intellectual Property Office (“VNIPO”) issued a notification informing that Samsung Electronics Co., Ltd.’s “SAMSUNG FLIP” mark in class 09 was accepted for registration in its entirety, but the word element “FLIP” is disclaimed.
Disagreeing with the disclaimer, Samsung consulted D&N International and decided to file a petition with the VNIPO based on the main arguments that (i) The English word “FLIP” has a variety of different meanings and does not directly describe any characteristics of the designated goods in class 9; (ii) The mark “SAMSUNG FLIP” has been granted protection in a large number of foreign countries in the world without the word “FLIP” being disclaimed, and (iii) The applied-for mark has acquired distinctiveness through the use in commerce and is widely recognized by the customers in Vietnam.
After reviewing our vigorous arguments, in April 2020, the VNIPO agreed to withdraw the disclaimer previously imposed on “FLIP” of the applied-for mark. Again, with our strong arguments in the petition, we succeeded to ensure that our client’s trademark rights are recorded in their fullest.