Trademarks
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Disclaimer by the VNIPO
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Note/Comment
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International Reg. No. 518175
Date 29/7/1987
Class 29 (milk) and others
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No disclaimer recorded. Although in this case, the image of a cow’s head is obviously descriptive of milk product.
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Prior to 1990s, no disclaimer recorded in international registration of mark
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International Reg. No 1366539
Protected by Vietnam on 7/2/2019
Class 29: Milk and dairy products.
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No disclaimer recorded
(The element “Milk” that independently stands from from the element “ME” should have been disclaimed)
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After 1990s up to 2019, no disclaimer recorded on international registration designating/expanding into Vietnam
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National Reg. 31748 (expired in 2008)
Reg. Date: 4/5/1998
Issued on: 9/8/1999
Class 29: Milk and dairy products
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No disclaimer recorded
(This case, disclaimer of “Milk” should have been made because Milk stands alone)
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Before 2000, it seems that Vietnam did not disclaim the trademark containing a descriptive element.
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National Reg. 64419
Reg. Date: 20/4/2004
Issued on: 4/7/2005
Class 29: Milk and milk-related products
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Disclaimer recorded.
“The registered trademark is wholly protected. The verbal elements of mamma and image of a prenant are not separately protected”
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Disclaimer is applied to both verbal and figurative signs if they are devoid of distinctive characters. However, the element “milk” was not disclaimed as it attaches to the prefix “Vina” to create a single word “Vinamilk”[2]
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National Reg. 270480
Issued on 21/10/2016
Class 29: Milk and dairy products
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Disclaimer recorded.
“The registered trademark is wholly protected. The figurative element of a cow’s head is not separately protected”.
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The device of a cow’s head is obviously descriptive of milk but its form of expression or its stylized representation is
unique enough so that it suffices to function a badge of origin in commerce
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National Reg. 281944
Issued on 23/5/2017
Class 12: bike, motorbike
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Disclaimer recorded.
“The registered trademark is wholly protected. The verbal element of “Thế giới xe đạp”[the world of bicycles] and a device of cog-wheel are not separately protected”.
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Both of the signs of the gear and the words "Thế giới xe đạp” (the world of bicycles)" are descriptive, but the combination of both signs in which the sign of a gear shaped as half a leaf device is still sufficient to make the unique impression to qualify as a trademark as the whole.
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International Reg. 824804
Issued on 27/04/2004
Class 30: coffee
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No disclaimer recorded.
(This case is confusing in determining the scope of protection because while national reg. 150500 as the example below is disclaimed against devices of seed of coffee and a cup, no disclaimer recorded on International Reg. 824804
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Initially rejected under Section 6.2c of Decree 63/1996 as amended[3] because of lack of trademark function. Upon the evidences of extensive and wide use, the VNIPO withdrew its refusal and granted protection on August 24, 2006
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Certificate No. 150500
Issued on 3/8/2010
Class 30: coffee,…
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Disclaimer recorded
“The registered trademark is wholly protected. The figurative elements of “coffee cup” and “nuts of coffee” are not separately protected”.
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In addition to the grain of coffee, the red cup in the mark is also disclaimed
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National Reg. 57231
Issued on 20/9/2004
Class 03: cosmetics
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Disclaimer recorded
“The registered trademark is wholly protected. Only verbal element of “Romano” is protected
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This is a three dimensional trademark which appears not to be clear enough to determine its scope of protection: only “ROMANO”, or the combination of Romano and device of bottle, or both Romano and device of bottle?
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International Reg. 1028578
Dated 16/12/2009
Class 33
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No verbal element included in the trademark
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This is another three-dimensional trademark which was rejected by virtue of Section 74.2b of the IP Law[4]
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Pending App. No 4-2014-22436
Filing date 22/9/2014
Class 29, 35 related to cashew nuts
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Prior registered trademark
National Reg. 262371
Issued on 17/5/2016
Classes 29, 30, 35 (cashew nuts).
The trademark is wholly protected. The verbal sign “ĐIỀU VIỆT” [cashew of Viet]and the device of cashew nuts are not protected separately (for cashew nuts)
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The mark VietCashew was refused by reason of likelihood of confusion with the registered mark Điều Việt [cashew of Viet]. Upon appeal, the VNIPO maintained its rejection by the confirmation of refusal
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App. No. 4-2004-09174
Filing date: 6/9/2004
(National Reg. 76000 granted on 11/10/2006 after review)
Class 35, 40, 41 (publishing and trading books).
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App. No. 4-2004-06236
Filing date: 25/6/2004
Notice of grant: 9/11/2005[5]
Class 35: Trading books
Trademark is wholly protected. The words “Sách Việt” [English translation is Vietbook] is not protected separately)
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Similar to the mark VietCashew above, in this case, VNIPO also rejected Vietbook because of the earlier filed mark Sách Việt but there was a difference that is the VNIPO withdrew its rejection after a review was submitted
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ENSURE GOLD
National Reg. 171511
Class 29: milk
Disclaimer: Nil
National Reg. 190511
Class 29: milk
Disclaimer recorded. Trademark is wholly protected. "Full and balanced nutrition", "a", "R" are not protected separately
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National Reg 166534
Class 29: milk
Trademark is wholly protected. The verbal elements “R”, “GOLD”, “IQ”, “MAX” and “3” are not protected separately
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The text element “GOLD” is used for milk products but none of Abbott’s reg. nos. 171511 and 190511 is disclaimed while reg. no. 166534 is disclaimed.
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HIGHLANDS COFFEE
App. No. 4-2008-15894
Filing date: 25/7/2008
Class 30 & 43 (coffee)
First rejection of 13/8/2009
Second rejection (confirmation of refusal) of February 2, 2010
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National Reg. 44471
Trademark is wholly protected. The verbal element “HIGHLANDS COFFEE” is not protected separately
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The rejected application was filed during the time the holder – Viet Thai International Coporation – had successfully registered the trademark Highlands Coffee & design /Reg. 44471 in which “Highlands Coffee” is not exclusively protected
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HIGHLANDS COFFEE
App. No. 4-2012-02380
Filing date 17/2/2012
Class 30 & 43 (coffee)
National Reg. 231207
Issued on 10/9/2014
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Trademark is wholly protected. The verbal element “COFFEE” is not protected separately
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This trademark under app. no. 4-2012-02380 (identical with the rejected mark under app. no. 4-2008-15894) re-filed in 2012 by the new owner – Blue Sky Holdings Limited – was approved by the VNIPO.
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