"Latte...& figure" mark accepeted to registration as a whole for Classes 29 & 30

The National Office of Intellectual Property (NOIP) accepted and registered as a whole the trademark "Latte Pure Jasmine Flavor Latte NATURAL GOODNESS ENRICHED WITH MILK & figure" for Classes 29 (milk beverages (milk predominating)...), 30 (beverages with coffee, cocoa, chocolate or tea base...) under the name of Kirin Holdings Singapore Pte.Ltd.Representing Kirin Holdings Singapore Pte.Ltd.

Previously, NOIP has issued Decision No. 39852 / QD-SHTT dated July 23, 2013 refusing to register the applied-for trademark on the grounds that the trademark is descriptive and indistinguishable. "Latte" is the name of a beverage made from coffee and hot milk, very popular in the world. This refusal is based on Article 74.2. (b) and (c) of the IP Law, which determine: “A mark shall not be considered as distinctive if it is signs falling under one of the following cases: ..b) Signs, symbols, pictures or common names in any language of goods or services that have been widely and often used and are common knowledge, c) signs indicating the time, place, method of production, kind, quantity, quality, property, composition, intended purpose, value or other characteristics, which is descriptive of the goods or services, except for signs having acquired distinctiveness through use before the filing of mark registration applications”.

Pham & Associates' attorneys appealled the NOIP’s decision, arguing that the mark " Latte Pure Jasmine Flavor Latte NATURAL GOODNESS ENRICHED WITH MILK & figure" is presented in color block, aesthetically pleasing, thus it’s distinguishable if being  registered as a whole.

Based on the existing evidence/documents presented, the NOIP considered the appeal reasonable and issued Decision No. 39852/QD-SHTT dated July 23, 2013 to accept to register the mark as a whole, not to register separately the components "Latte", "Pure Jasmine Flavor Latte", "NATURAL GOODNESS ENRICHED WITH MILK" and the image of bubbles.