Bio Minerals Naamloze Vennootschap Wins a Recent Invalidation Action against the Mark BIOXIL under Registration No. 52560

Pham & Associates represented Bio Minerals Naamloze Vennootschap won a recent cancellation action against the mark BIOXIL under National Registration No. 52560 for the goods in Class 05 in Vietnam.

The Trademark Office upheld the applicant in finding that Eig Dermal Wellness Sdn.Bhd, the owner of the mark BIOXIL under National Registration No. 52560 had not used the contested mark in continuous period of 5 years.  

Under Vietnamese law, to initiate a non-use cancellation action against a trademark registration, the appellant bears the burden of proof to show the non-use of the contested trademark. If the burden is met, the burden of showing the use of the contested trademark will then shift to the trademark owner.

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