ASTEX Pharmaceuticals, Inc Achieves Successful Appeal for DISCOVERING TOMORROW TODAY Mark

ASTEX Pharmaceuticals, Inc designated into Vietnam to register the word mark DISCOVERING TOMORROW TODAY for services in Classes 42 and 44 covering “Research and development services in the field of pharmaceuticals; providing medical and scientific health care research information in the field of pharmaceuticals and clinical trials” and “Providing health care information via telephone and the Internet; providing information in the field of the diagnostic, prophylactic, and therapeutic properties of pharmaceuticals”.

In its decision of November 26 2011, the examiner raised an objection to the application under Article 74.2c of the IP Law, stating the applied-for mark was descriptive.

On behalf of the applicant, Pham & Associates argued in reply that the mark was sufficiently original to fulfil the function of a trademark. At present case, DISCOVERING TOMORROW TODAY is not merely descriptive or laudatory of the services i.e. “research and development services in the field of pharmaceuticals; providing medical and scientific health care research information; providing health care information” for which registration is sought. It may at best be viewed as suggestive of the designated services. For these reasons, DISCOVERING TOMORROW TODAY when used in respect of the services in question may enable the relevant public in Vietnam to memorize easily as an indication of origin of the services.

Finally, the Trademark Office concluded that the mark was sufficient criteria to accept for protection in Vietnam.

Pham & Associates is a largest local intellectual property law firm in Vietnam. We provide counsel and representation in every area of patents, trademarks, copyrights, enforcement of intellectual property rights as well as their representation in arbitration and litigation proceedings etc. For further information about our organization and services, please visit our website: www.pham.com.vn