Client Results: Pham & Associates successfully Advises for IVECO S.p.A. in a Trademark Appeal Case

Pham & Associates successfully advised for IVECO S.p.A. in a trademark appeal case when the National Office of Intellectual Property (“NOIP”) found that our arguments convinced because i) the applicant’s trademark “Elements Long Life Vehicles (device)” in its entity does not describe any quality, characteristics, functions, features etc of the good and services for which registration is sought. Therefore, it is inherently distinctive, and eligible for registration as a trademark; ii) the applicant’s trademark was different in overall impression from the cited trademarks when subjected to a comparison in their entireties. In addition, the NOIP has accepted for co-existence of many trademarks containing the wording “Element” in respect of the similar goods and services in Vietnam. Therefore, the contemporaneous use of the trademarks at issue may not result in a likelihood of association.

The case was filed with the NOIP on November 09, 2011. During nearly three years of re-examination, the NOIP accepted to grant Registration on September 4, 2014.

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Pham & Associates is a leading 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