Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 85 views

    Quách Thị Thúy

    Uploaded by

    Tiến Dũng
    Company A owns the trademark "STARBUCKS COFFEE and device" registered in Vietnam for coffee products and coffee shop services. Company A discovered that Company B filed a trademark application for the similar mark "STARLUCKS TEA & JUICE and device" for tea and juice products. It is possible but not certain that Company B's mark could be registered depending on the similarity between the marks and relatedness of the goods. To protect its rights, Company A could oppose the application, send a cease and desist letter, try to negotiate, or pursue legal action for infringement if needed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Quách Thị Thúy

    Uploaded by

    Tiến Dũng
    85 views3 pages
    Company A owns the trademark "STARBUCKS COFFEE and device" registered in Vietnam for coffee products and coffee shop services. Company A discovered that Company B filed a trademark application for the similar mark "STARLUCKS TEA & JUICE and device" for tea and juice products. It is possible but not certain that Company B's mark could be registered depending on the similarity between the marks and relatedness of the goods. To protect its rights, Company A could oppose the application, send a cease and desist letter, try to negotiate, or pursue legal action for infringement if needed.

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Company A owns the trademark "STARBUCKS COFFEE and device" registered in Vietnam for coffee products and coffee shop services. Company A discovered that Company B filed a trademark application for the similar mark "STARLUCKS TEA & JUICE and device" for tea and juice products. It is possible but not certain that Company B's mark could be registered depending on the similarity between the marks and relatedness of the goods. To protect its rights, Company A could oppose the application, send a cease and desist letter, try to negotiate, or pursue legal action for infringement if needed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    85 views3 pages

    Quách Thị Thúy

    Uploaded by

    Tiến Dũng
    Company A owns the trademark "STARBUCKS COFFEE and device" registered in Vietnam for coffee products and coffee shop services. Company A discovered that Company B filed a trademark application for the similar mark "STARLUCKS TEA & JUICE and device" for tea and juice products. It is possible but not certain that Company B's mark could be registered depending on the similarity between the marks and relatedness of the goods. To protect its rights, Company A could oppose the application, send a cease and desist letter, try to negotiate, or pursue legal action for infringement if needed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    ,INDIVIDUAL ASSIGNMENT

    Company A is the owner of the trademark "STARBUCKS COFFEE and

    device" registered for coffee products, coffee-containing


    beverages of Class 30 and the services of coffee and refreshment shops of Class
    43 under the Certificate of Trademark Registration No. 75523 issued on
    September 28, 2006. The trademark is being protected in Vietnam.
    Question 1. Company A discovered that Company B had already filed a
    trademark application for "STARLUCKS TEA & JUICE and device"

    at the Vietnamese National Office of Intellectual Property


    for tea and juice products on August 20, 2019. From your own perspective, can
    the mark "STARLUCKS TEA & JUICE and device" for tea and juice products
    be registered?
    Question 2. How can Company A do to protect their legitimate rights against
    Company B when Company B uses "STARLUCKS TEA & JUICE and device"
    for tea and juice products?

    ………………………………..

    Q1: Company A discovered that Company B had already filed a trademark


    application for "STARLUCKS TEA & JUICE and device" at the Vietnamese
    National Office of Intellectual Property for tea and juice products on August 20,
    2019. From your own perspective, can the mark "STARLUCKS TEA & JUICE
    and device" for tea and juice products be registered?

    ANSWER:
    From my perspective, it is possible that the mark "STARLUCKS TEA & JUICE
    and device" for tea and juice products may be registered, but it will depend on
    several factors.
    Firstly, the similarity between the marks "STARBUCKS COFFEE and device"
    and "STARLUCKS TEA & JUICE and device" will be considered. If the two
    marks are found to be similar enough to cause confusion among consumers, the
    registration of "STARLUCKS TEA & JUICE and device" may be refused.
    Secondly, the goods and services covered by the marks will be compared. Since
    "STARBUCKS COFFEE and device" is registered for coffee products, coffee-
    containing beverages, and coffee and refreshment shops, while "STARLUCKS
    TEA & JUICE and device" is intended for tea and juice products, there may be
    a likelihood of confusion between the two, as they are related to similar goods
    and services.
    Ultimately, the decision will be made by the Vietnamese National Office of
    Intellectual Property based on these factors and the specific provisions of
    trademark law in Vietnam.

    Q2: How can Company A do to protect their legitimate rights against Company
    B when Company B uses "STARLUCKS TEA & JUICE and device" for tea
    and juice products?

    ANSWER:
    To protect their legitimate rights against Company B's use of "STARLUCKS
    TEA & JUICE and device" for tea and juice products, Company A can take the
    following steps:
    Opposition: If Company B's trademark application is still pending, Company A
    can file an opposition with the Vietnamese National Office of Intellectual
    Property. This will allow Company A to present arguments and evidence to
    prevent the registration of the conflicting mark.
    Cease and Desist Letter: Company A can send a cease and desist letter to
    Company B, requesting them to stop using the mark "STARLUCKS TEA &
    JUICE and device" for tea and juice products. This letter should outline
    Company A's prior rights and the potential infringement of those rights by
    Company B.
    Negotiation or Settlement: Company A can try to negotiate with Company B
    to reach a settlement or agreement that protects their rights. This could involve
    licensing the use of the mark, changing the mark, or other mutually beneficial
    arrangements.
    Legal Action: If all else fails, Company A may consider taking legal action
    against Company B for trademark infringement. This would involve filing a
    lawsuit and presenting evidence of the infringement to a court. It is advisable to
    consult with a qualified intellectual property attorney to assess the viability and
    potential success of legal action.

    You might also like