Mark “e, figure” is accepted for registration

Intl’ trademark registration No.1065074 “e, picture” designating Vietnam for products/services in a number of classes which includes “Clothes, footwear, hats” in Group 03 and services of  "wholesaling, retailing, in-store sales, catalog sales and sales via computer networks of cosmetic goods." in Class 35 has been provisionally refused by the IP Vietnam on the grounds that these goods/services are identical with/similar to the services of " being an agent, trading, importing and exporting, online advertising of cosmetics, garments, clothes, shoes, hats" in Class 35 of the already registered mark "egame, figure”.

The owner of the applied-for mark “e, figure”  appealed against the decision of refusal,  arguing that the services in Class 35 of the cited mark, namely “egame, figure” had previously been excluded from the list of goods/services for registration by the IP Vietnam’s Decision No.1680/QD-SHTT dated April 22, 2016 and this decision has not been opposed by the mark owner. Thus, the products/services which the applied-for mark sought for registration will not be similar to the products/services of the cited mark and will not cause confusion for consumers.

Holding the appellant’s argument well-founded, the IP Vietnam canceled its previous refusal decision and accepted to register the mark "e, figure"./.