Marvel Characters Inc. (Marvel) suit the Vietnam National Office of Intellectual Property (NOIP) for the Decision A05811/QD-DK dated 08.06.2005 on granting trademark registration Certificate number 63481 for the mark “X-MEN, device” to International Consumer Products (IPC).
The evidence, on which the Marvel proposed for invalidating Decision No. A05811 is, that, the registered mark “X-MEN, did not meet requirement for protection under provided law, namely it’s identical/confusingly similar to the Marvel’s famous trademark “X-MEN”, has been used and widely accepted (to 6.1.3, Decree 63-CP ). It is proposed to misunderstand, confuse or deceive consumers about the origin, features, usage, quality and value of goods and services (which 6.2.d, Decree 63-CP).
Ha Noi Administrative Court gave trial to the case. At the trial, before a judge and questioning of the parties required to attend the hearing, representatives of the Marvel not provide convincing evidence demonstrates X-MEN has been used as a corporate brand and would not be regarded as a famous mark.
Company representatives demonstrated only Marvel X-MEN is the name of the superhero group and the name of the famous Marvel company but does not prove the elements X-MEN and protected as copyright of the Marvel.
Arguments about reason coursed misunderstand, confuse or deceive the consumer about the origin, features, usage, quality and value of the goods was the presiding judge for the trial too subjective and not related to the content of the case under consideration.
Have no facility, the court rejected requests invalidation of Decision No. A05811 from the Marvel.
According to Thanh Luong – Vietnam Laws