Ho Chi Minh City Law Report: Viet Sunrise Plastic JSC has been granted a trademark registration certificate
Recently (on September 11), the Intellectual Property Office (Ministry of Science and Technology<\/a>) issued Decision 203462/QĐ-SHTT recognizing the intellectual property rights for the Viet Sunrise Plastic trademark, along with issuing Trademark Registration Certificate No. 570005 for this company’s trademark.
The decision recognizing the intellectual property rights and the trademark registration certificate of Viet Sunrise Plastic JSC is based on the application submitted by this enterprise<\/a> on November 28, 2022.
The trademark of Viet Sunrise Plastic JSC has officially been certified by the Intellectual Property Office. Photo: HĐ[\/caption]
Previously, as PLO<\/a><\/i> reported, Viet Sunrise Plastic JSC sued Viet Sunrise Plastic JSC over intellectual property rights.<\/a>
In the first-instance trial, the Ho Chi Minh City People’s Court determined that the logos of the plaintiff and defendant do not overlap and are not similar. At the same time, the names of the two enterprises are clearly distinct, easy to differentiate, and do not cause confusion, so there is no basis to claim that the defendant infringed upon the plaintiff’s intellectual property rights. Therefore, the court ruled to reject the plaintiff’s lawsuit request.
The production facility of Viet Sunrise Plastic JSC. Photo: AT[\/caption]
In the appellate trial in April 2025, the High People’s Court in Ho Chi Minh City upheld the first-instance ruling.
According to the appellate court, comparing the logos and labels printed on the plastic pipes of the plaintiff and defendant are completely different, not overlapping, thus not violating point c of clause 1, Article 129 of the Intellectual Property Law.
Both parties’ logos and labels printed on the plastic pipes have the term “BÌNH MINH,” but the logos and printed labels differ in font size and product origin, which does not cause confusion for consumers.<\/a>
Additionally, according to Official Letter No. 77499 from the Intellectual Property Office, it has been determined: “The trademark requested for registration by the defendant is not similar to the extent that it causes confusion in layout and presentation with the plaintiff’s trademark.” Therefore, the name of Viet Sunrise Plastic JSC and the label printed on this company’s products are not similar enough to cause confusion regarding the layout and presentation of the plaintiff’s products.
Thus, both the first-instance and appellate rulings declared Viet Sunrise Plastic victorious, and these two rulings are now legally effective. Furthermore, with the decision recognizing the intellectual property rights for the Viet Sunrise Plastic trademark (along with the Trademark Registration Certificate) from the Intellectual Property Office (Ministry of Science and Technology), Viet Sunrise Plastic now has a solid legal basis for protecting its trademark.
