Client Results: Pham & Associates Advised Interbasic Holding S.A. to Appeal “SHOCKING” Mark

SHOCKING

Class: 03 Perfumery and cosmetics, namely perfume, cologne, after shave, make-up, deodorants for personal use; antiperspirants (toiletries); essential oils for personal use; soaps; shaving soaps; hair care preparations; dentifrices; laundry preparations, namely bleaching detergents and detergents for laundry. 

 DETROIT SHOCK & Fig.

The National Office of Intellectual Property (“NOIP”) rejected the application for registration of SHOCKING. Pham & Associates advised Interbasic Holding S.A. to appeal successfully against the NOIP’s decision of refusal on the following grounds.

The marks at issue had a low degree of similarity. The mark applied for was a standard character mark whereas the earlier mark was stylized mark. Conceptually, given ‘DETROIT SHOCK’ had a different meaning with ‘SHOCKING’ in English.

The NOIP therefore upheld our argument to protect “SHOCKING” mark in Vietnam.