“AMERICAN LEGEND, figure” vs. “FORT LEGEND, figure”

On behalf of and authorized by Karelia Tobacco Company, the owner of the Trademark Registrations No.305323 “AMERICAN LEGEND, image of eagle bird”; No. 344050 “AMERICAN LEGEND” and Copyright of the work of applied art "The form of expression of the American Legend packaging" No. 3355/2016/QTG, Pham and Associates has petitioned with the IP Vietnam to oppose the application No. 4-2021-09943 “FORT LEGEND, figure” sought for registration of tobacco products in Class 34 on the grounds that the contested mark is confusingly similar to the cited prior marks of Karelia Tobacco Company, namely (i) they are similar in their structure, pronunciation and visual impression, and (ii) the products and services bearing these two marks are identical and similar. Furthermore, the contested mark is copied from the applied artwork "The form of expression of the American Legend packaging", which conflicts with the copyright established prior to the filing date of the contested mark.

The case is being handled by the IP Vietnam.