On 08/9/2010 Corporation building corporations and tourism Dawn (hereinafter referred to as Company Binh Minh) is the application trademark of DN1-2010-00125 recommended cancellation of 82 099 valid license protection Trademark “CHINA PAINT – MIXED portland cement – PEACE – VIETNAM, the” group of 19 product (cement) dated 16/5/2007 for Xuan Mai Co., Ltd. (hereinafter referred to as the Xuan Mai Company), for the reasons outlined as follows:
Branded under license number 82 099 trademark Registration Certificate not meet the criteria for protection due to coincide with the project name “Trung Son Cement Plant” Dawn of the Company has been granted authority from central to local approval, granted permission. Xuan Mai Company to build a cement plant is very close to the project “Trung Son Cement Plant” Dawn of the Company should not be unaware preparation of the Project Company for many years before Dawn . Xuan Mai Company registration and use of the trademark is not true, the engine comes from unhealthy competition, causing damage to the legitimate interests of the Company Dawn.
Ambys Hanoi Law Firm, representing Xuan Mai Co., did not agree with the proposal to cancel the following arguments:
“Trung Son” is the name of the project company Binh Minh, not trade names or geographical indications are protected under the provisions of the Law on Intellectual Property, Dawn by the Company have not used this name in business activities. Xuan Mai Company has no acts of unfair competition, do not cause damage to reputation, reputation or cause confusion on the subject of business, commercial source for consumer goods, not appropriating the fruits The Company’s investment Dawn.
Based on the review and comments of the materials inside, 08/12/2010 Intellectual Property Office issued Decision No. 2470/QD-SHTT partially cancel the effect DKNH GCN 82 099 for the word “CHINA SON “for reasons of” CHINA PAINT “distinct components coincide with the project name” cement plant “Dawn of the Company under the provisions of Articles 4.1, 14, 15, 24, 25 of Decree 54/2000 / ND-CP dated 03/10/2000, Articles 6 and 29 of Decree No. 63-CP dated 24.10.1996 as amended by Decree No. 06/2001/ND-CP of the Government dated 01.02.2001 . On 13/5/2011 the Intellectual Property Office decision to settle complaints of 904/QD-SHTT with content not accept complaints of Xuan Mai Company.
Do not agree with the above decision of the Intellectual Property Department, Xuan Mai Company file a suit in court.
On 24/02/2012 People’s Court Hoa Binh open trial and issued the administrative judgment of the first instance to identify 01/2012/HCST on 24/02/2012: At the time of Xuan Mai Company Registered trademark filing dated 04/7/2005, Binh Minh Company is not operating under the trade name “Trung Son Cement Plant” and so far no products company, not the project name is the trade name under the provisions of the Law on Intellectual Property. Pursuant to Section 5, Section 6, Article 88, Article 90, Article 91 of the Law on Intellectual Property, the jury accepted all the claims of the Company Xuan Mai, canceled the decision of 2470/QD-SHTT Decision dated 08/12/2010 and 13/5/2011 904/QD-SHTT day of the Intellectual Property Department. GCN DKNH 82 099 dated 16/5/2007 of the Company Xuan Mai have legal effect.
Do not agree with the decision of the Court of First Instance, the Intellectual Property Department and Company Dawn entire appeal on the verdict.
On 09/4/2013 Appeal Court Supreme People’s Court in Hanoi opened appellate trial in administrative cases. At trial, the parties presented their views.
Representing the Intellectual Property Department said that the project “Trung Son Cement Factory” is a large scale, the government, Hoa Binh provincial approval and licensing procedures in many years. During project preparation, Dawn Company has implemented many operational and investment costs. Hence name is the only project in the form of trade lead the company’s trade name Dawn. The issuance of license number 82 099 DKNH trademark protection for the Company contain ingredients Xuan Mai “Zhongshan” would cause confusion with the company activities Dawn, if not prevented will lead to unfair competition.
Xuan Mai Company has trademarked components “Zhongshan” is the place name Trung Son commune, Luong Son district, Hoa Binh province-reachable but not enough competent authority permits, application for trademark registration not to mention places Zhongshan, is inconsistent with the provisions of Article 6.2.g amend Decree No. 63-CP.
Company Dawn said: In the process of project implementation Dawn Company has implemented many investment activities, the company is headquartered near Xuan Mai Binh Minh Co., said the company’s projects for years Dawn before but still use the trademark registration “Zhongshan” is an act of unfair competition, causing damage to legitimate rights and interests of the Company Dawn.
Xuan Mai company said time applicant company, brand meets the provisions of the Law on Intellectual Property: The name “Middle Son” is not the Company’s trade name Dawn. Intellectual Property Department that “Zhongshan” as a geographical indication and registration of local government must be places where there is no true consent.
Representatives of the Supreme People’s Procuracy of expression for that: the Intellectual Property Department to cancel a license DKNH the effect of 82 099 for instructions “Zhongshan” Xuan Mai for the Company in accordance with the law.
Trial Council stated:
As stipulated in Article 6.2.g amended Decree No. 63-CP of the signs are not protected by the State that is a trademark, the application for a license DKNH Xuan Mai Company to be the State agency authorized to use place names “Zhongshan”, the brand new state of protection, but the trademarked profile of Xuan Mai Company no documentation of authorities Water is authorized Xuan Mai Company used places “Zhongshan” on the label. Department of Intellectual Property 2470/QD-SHTT 08/12/2010 Decision partially cancel the effect DKNH license granted to the Company 82 099 Xuan Mai is prescribed above.
Court of First Instance judgment when settling the case was not fully tested legal documents related to accept the claims of Xuan Mai Company is not objective and not contrary to the provisions of law.
Trial Council decided:
Application of Article 220.3 of Intellectual Property Law, Article 6.2 of Decree 63-CP dated 10.24.1996 as amended by Decree No. 06/2001/ND-CP dated 02/01/2001.
Accept the appeal of the Intellectual Property Department and the appellant Corporation Construction Group and Dawn travel. Edit Instance verdict as follows:
Uncle petition Xuan Mai Co., Ltd. for cancellation request 2470/QD-SHTT 08/12/2010 Decision on the partial cancellation of 82 099 DKNH valid license for Xuan Mai Company Limited. /.
Google translation for reference purpose only.