PADEMARK - Patent Attorneys/Trademark Attorneys in Vietnam

On 16/01/2009, the second-instance court of People's Supreme Court in Ho Chi Minh City opened the review trial for an administrative case where Vien Son Company sued against the Decision No. 1352/QĐ-SHTT dated 29.10.2007 of the National Office of Intelletual Property of Vietnam (NOIP) on invalidility of the Trademark Certificate No. 77256 for the trademark “KINGMAX”. As the result, the Court accepted the appeal from NOIP, correcting a part of the fisrt instance verdict, not accepting the law suit of Vien Son Company and upholding the Decision No. 1352/QĐ-SHTT.

“KINGMAX” is a trademark for computer spare parts of Kingmax Company (Taiwan) which is widely used in Vietnam. However, in Vietnam, this trademark is protected under the ownership of Vien Son Company (the sole agent of Kingmax Company in accordance with the Trademark Certificate No. 77256 dated 24.11.2006). Based on this Certificate, Vien Son Company requested authorities to apply administrative measures against a number of companies that were importing computer spare parts produced by Kingmax Company. Based on a request for invalidity from an importing company, NOIP issued Decision No. 1352/QĐ-SHTT invalidating the Trademark Certificate No. 77256 on the ground that the owner of the Trademark Certificate did not meet the requirements under Article 14.2.c of Decree No. 63/CP of the Government of Vietnam.

Opposed to the Decision No. 1352/QĐ-SHTT, Vien Son Company filed a law suit before People's Court in Ho Chi Minh City. In the first instance verdict returned on 22.10.2008, People's Court in Ho Chi Minh City accepted the law suit of Vien Son Company and cancelled the Decision No. 1352/QĐ-SHTT. Howver, by the appeal of NOIP, the first instance verdict was revoked by the second-instance court of People's Supreme Court in Ho Chi Minh City.

(www.noip.gov.vn)