The mark "HD - GAS HOANG DONG" is invalidated

The IP Vietnam has issued Decision 2391/QD-SHTT dated May 25, 2022 on the settlement of the trademark invalidation request of Công ty TNHH MTV thương mại dầu khí Hoàng Đông (Hoàng Đông Petroleum Trading One Member LLC), the owner of the VN Trademark Registration No.215701 “HD HD-GAS HOÀNG ĐÔNG, figure” (“the cited trademark”), against the VN Trademark Registration No.328288 “HD - GAS HOANG DONG” (“the objected trademark”) of Công ty trách nhiệm hữu hạn gas Hậu Giang (Hau Giang Gas Ltd.) to protect gas products/services in Class 35.

The IP Vietnam found the trademark invalidation request well-grounded on the basis of  provisions of Articles 74.2(e) and Articles 96.1(b) and 96.3 of the IP Law, namely (i) the objected trademark is confusingly similar in respect of appearance and pronunciation to the word element “HOÀNG ĐÔNG” of the earlier cited trademark  “HD HD-GAS HOÀNG ĐÔNG, figure”, and (ii) though these two marks are registered for products/services in different classes, namely the cited mark registered for liquefied petroleum gas (gas) products in Class 04, while the objected trademark registered for gas trading products/services (gas) in Class 35, they have the same nature, function and intended use.

Hau Giang Gas Ltd., owner of the objected trademark, has the right to appeal against the IP Vietnam’s decision or initiate a lawsuit in court./.