On April 19, 2017 DAISY INTERNATIONAL applied to register the device mark CHAPPI, depicted below, claiming for coffee in Class 30 of the Nice Classification:

Under the substantive examination, the Intellectual Property Office of Vietnam (IPO) refused the application as it was confusingly similar to the cited mark below.

Class: 43: Bar service; Banquet services (providing food and drinks); Cafe; Providing food and beverages made by the restaurant; Reservation services for restaurants; Restaurant service; self-service; Restaurant services; Tea room.

On behalf of the applicant, INVENCO argued that although the marks at issue are similar as to sound, but they are different from connotation. Namely:

“HAPPY CHAPPY” is an English word is the same chap or a fellow. The smiling man device of the cited mark is an illustration of the image of a "happy chap".

Meanwhile, the applied-for mark "CHAPPI" is an invented meaningless word. It was created from the spelling of the name of the guitar "Chapi" of the Raglai ethnic group, in the South Truong Son Mountains of the Vietnam Central Highlands.

Finally, the assigned examiner held that the differences between the cited mark and applicant’s mark “are so manifestly stark that, even if the marks were applied to identical goods or service”, he was satisfied that there was no likelihood that consumers would be confused or believe that the marks emanate from economically-linked undertakings.

Accordingly, the refusal notice was withdrawn, and the application proceeded to registration.  

Lessons: Under the rules of ex-parte proceedings, the IPO is not obligated to discuss the manner in which rules and laws apply to your individual circumstances, cannot recommend a course of legal action, and cannot comment on how your case may be decided.  INVENCO can circumvent these obstacles. We are able to navigate inter-parte proceedings between our clients and the IPO, via Oral Hearings. The chance of success would be high.