Appeal against provisional refusal to register “The Glencairn Glass – 3D mark”

Glencairn IP Holdings Ltd, the owner of Intl’ Trademark Registration No. 1397290 “The Glencairn Glass – 3D mark”, designating Vietnam, sought for registration of “Glassware; glasses; whisky glasses” in Class 21 has petitioned with the IP Vietnam to appeal against the latter’s provisional decision to refuse to register the mark on the grounds that the applied-for trademark does not meet the registration requirements as specified at Article 74.2(b), IP Law,  namely “...the mark includes the 3D sign of Wisky glasses and this is the common image of the goods sought for registration. The word element "The Glencairn Glass" on the bottom of the glass  is shown at a very small scale compared to the size of the glass and is not clear enough to be seen. Therefore, the trademark is not distinctive”.  

In its petition, the appellant has presented evidences and argues that the above conclusion is unfounded.

The case is being reviewed by the IP Vietnam./.