International registration LISTO partly cancelled due to non-use

A domestic company (the Applicant) has filed a non-use application with the IP Vietnam to request partial cancellation, specifically the products and services in class 11 and 37, of the International Trademark Registration No. 893947 LISTO designating Vietnam of BOULANGER, located at Avenue de la Motte F-59810 LESQUIN, FR (the Opponent) on the grounds that this trademark has not been used for 05 consecutive years as stipulated in Article 95.1.d of the IP Law of Vietnam.

Evidence submitted by the Applicant to the IP Vietnam is the Investigation Results Report of Market Bulletin - Institute of Finance and Economics No. 47-1/VKTTC-TTGC-CVNH of the Ministry of Finance dated August 28, 2023 which showed that from August 1, 2018 to the date the above Report was published, there was no information related to the use of the International Registration No. 893947 – LISTO of Opponent for products and services in class 11 and 37 in Vietnam.

On August 5, 2024, the IP Vietnam has sent the Notice to the Opponent regarding the Applicant’s non-use cancelaltion and set a response period of 03 months. If no response is received, the IP Vietnam will handle the case based on the existing  documents available./.