Confusing decision of the National Office of Intellectual Property of Vietnam

Confusing decision of the National Office of Intellectual Property of Vietnam

(Cadn.com.vn) – Branded Bottled drinking water “Big C” of a business in Da Nang was the Intellectual Property Department (under the Ministry of Science and Technology), a decision invalidating protection for some absurd reason, the lack of convincing.
The most money behind real
On 25-8-2004, the Intellectual Property Office has granted trademark registration certificate number 56 594 to PTE Phu Gia and address 133-Hung Wang, Da Nang. Then, on 6-11-2008, NOIP accept the first amendment address for Phu Gia: Group 2-P. Hoa Khanh, Q. Lien Chieu District, Da Nang. Beginning in 2009, private firms Phu Gia has transferred the ownership of the trademark “Big C” Production and Trade Company Complete Gia Phu, address K168/30-Trung Queen, Hai Chau District, Da Nang Decision No. 468 dated 20-3-2009 of the Intellectual Property Department.
Suddenly, on 8-11-2010, NOIP Decision No. 2176 on the cancellation effect “trademark registration certificate number 56 594 -” Big C “group of 32” pure water “. The reason this Department launched brands Big C of PTE Phu Gia expression almost completely coincides with the brand of the company Big C Supercenter Public Co.., Ltd. (Thailand), are widely used, becomes familiar to consumers from the filing date of Phu Gia (particularly widely used in Thailand since 1992 and $ 1998).
Ms. Nguyen Thi Tai, Director of Gia Phu Toan said the decision to cancel the certificate of protection for Phu Gia NOIP law is wrong, absurd. Private Phu Gia is no longer the owner of the certificate of trademark protection “Big C” for the previous 20 months, the Intellectual Property Department has decided to confirm the transfer of ownership of this brand for Toan Gia Phu.
Why NOIP cancel the decision of a company not real right? Why NOIP deny mass always his own previous decisions on certifying modify DN address Phu Gia? Strange, to on 2-8-2011 recently, 56,594 trademark registration certificate of Toan Gia Phu was NOIP agreed to modify the name and address of the holder (2nd) 389-Electrical Bien Phu, P. Huaxi, Q. Thanh Khe District, Da Nang. This also means the Intellectual Property Department denied always Decision 2176 of the cancellation of the certificate of qualification 56 594. So the fact of the decision “the most money behind any” What is this?. She currently serves as the legal procedures to request NOIP clarify this issue in order to bring justice to the degree of 56 594 of the Department has granted for Toan Gia Phu.
Drinking water brands “Big C”.
Lack of compelling reasons
Of reasons for cancellation of trademark registration certificate number 56 594 NOIP explained: by brand Big C Co., Big C Supercenter Public Co.., Ltd. (Thailand) is widely before the Phu Gia Pte posted Register. Therefore, the brands Big C of Phu Gia exist causing confusion for consumers should need to cancel protection. Reset problem: if NOIP that trademark “Big C” Company of Big C Supercenter Public Co.., Ltd. (Thailand) is widespread in Vietnam, why the Department has agreed to grant certificates trademarked “Big C” group of 32 for Phu Gia private? Under intellectual property law, private Phu Gia is the first registered trademark in Vietnam should be protected on the entire territory of Vietnam. Under the Agreement Trip with over 150 participating countries including Vietnam, the famous brand be known, to be registered in many countries. At the time right now is a trademark of Big C Co., Big C Supercenter Public Co.., Famous Ltd and registered in many countries. But at the time of Phu Gia register, it’s not. Specific evidence, they submitted applications for international trademark registration for the first time in Vietnam January 10-2003, ie after PTE Phu Gia to 5 month. It was not until 2005 and 2006 they apply for international protection label in the Philippines, Myanmar, Laos and Cambodia.
Full Gia Phu consuming passion construction brand purified water brands Big C in the Central Highlands market. Decision 2176 of NOIP made Toan Gia Phu very confused. If no corrective Department, cancel Decide 2176/QD-SHTT would create a bad precedent, affecting small and medium-sized enterprises in Vietnam are trying to establish procedures for trademark registration certificate exclusively to development, construction of which there is the risk of duplicating the major products of the company, the foreign company.

Google translation for reference purpose only


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