Pham & Associates Advises Talia Recherche Developpement S.A.R.L. on Its Invalidation Action against the Stylized Mark CARBOPHOS

Pham & Associates advised Talia Recherche Developpement S.A.R.L. in connection with its invalidation action against the mark CARBOPHOS in the design form under International Registration No. 203582 for the goods in Class 05 in Vietnam.  

Talia Recherche Developpement S.A.R.L. is holder of international registration no. 1126061 “CARBOPHOS” in standard characters designating Vietnam. The applied-for mark has been refused in Vietnam with respect to all the goods for which registration is sought on a ground that the applied-for mark was identical to the earlier mark “CARBOPHOS” in the design form. In order to overcome this citation, Talia Recherche Developpement S.A.R.L. filed a non-use invalidation action against the cited mark   

On May 13, 2016, the National Office of Intellectual Property upheld the appellant in finding that the cited mark “CARBOPHOS” in the design form had not been used in continuous period of 5 years; and the respondent failed to respond to the Trademark Office’s notification.  

In principle, 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