Appealed successfully, figurative mark accepted for registration

MANTION, located at 7 rue Gay Lussac, F-25000 BESANÇON (FR), represented by Pham & Associates Law Firm (Appellant) has petitioned with the IP Vietnam to appeal against Notification No.2012/27 HBN36 dated 17/7/2013 on proivisionally refusing registration of figurative mark (Left) under International Registration of Trademark (IRN) 494741 for products in Class 06 2013 (the applied-for trademark) on the grounds that the applied-for trademark is a common image/drawing that describes product, not having distinctiveness as prescribed in Article 74.2.b of the IP Law.

The Appellant disagreed with the above conclusion, arguing as follows:

(i) The applied-for trademark is a drawing consisting of two equal circles, spaced apart, connected by two tangents at the top and bottom and a straight line connecting the centers of the two circles. This drawing does not describe/or is a common drawing of any product of “fittings and accessories for sliding doors, metal hardware accessories for building purposes, small hardware articles” bearing the said mark, so it cannot be considered as lacking distinctiveness as prescribed in Article 74.2.b of the IP Law;

(ii) The above sign is capable of creating a visual impression for consumers to remember;

(iii) The above-mentioned trademark are protected in a number of countries such as the United States, Germany, Austria, Australia and the United Kingdom;

(iv) the Appellant has provided evidence that products bearing the above-mentioned trademark have been imported and are sold in the Vietnamese market, contributing to strengthening consumers' recognition in practice.

Considering the Appellant’s arguments well-founded and convincing, the IP Vietnam issued Decision No.101098/QĐ-SHTT dated 091/06/2025, 2025 revoking the previous Notification and accepting to register the figurative mark ./.