VIETNAM UPDATE: SAME, SAME, BUT SAME
This matter concerned two entities both using a Bao Xuan Logo trade mark. The first entity, Ich Nan Pharma Co., uses its Bao Xuan Logo in relation to a food supplement that it claims has anti-aging properties. Ich Nan Pharma holds a trade mark registration in Vietnam for Class 5 medical goods. The second entity, Ngan Anh Enterprise uses its Bao Xuan Logo trade mark in relation to a cosmetic skin cream.
Ngan Anh applied to register its Bao Xuan Logo for cosmetics goods in Class 3, but its application was blocked by the prior Ich Nan Pharma registration in Class 5 on the basis that the National Office of Intellectual Property (Vietnam TMO) deemed the goods to be similar.
The refusal was overturned on appeal by Ngan Anh to the Hau Giang Province Court on the basis that the goods are in differing classes and are otherwise not similar (being cosmetics v medical goods).
The Vietnam TMO has recently filed an appeal against the Court’s decision.
This article is an extract from Spruson & Ferguson’s Asia-Pacific Regional Trade Mark Update. You can view the entire summary here.