Review administrative judgment of the IP infringement (mark “KINGMAX”)
On 16 January 2009, the Court of Appeals – Supreme People’s Court in Ho Chi Minh City held a review trial of the administrative case of the suit by Vien Son Company against Decision No. 1352/QD-SHTT dated 29 October 2007 of the National Office of Intellectual Property about the invalidation of Certificate for trademark registration No. 77256 for mark “KINGMAX”. The Judge accepted the appeal of the NOIP, partly adjusted the judgment of first instance that had not accepted the suit by Vien Son Company and kept the Decision No. 1352/QD-SHTT.
Further information of the case is that “KINGMAX” is a mark for computer accessories which are produced by Kingmax Company (Taiwan) and widely used in Viet Nam. However, in Viet Nam, the owner of rights to this mark is Vien Son company, exclusive agent of Kingmax company, according to Certificate No. 77256 dated 24 November 2006. Based on the above Certificate, Vien Son company requested competent authorities to prevent and apply administrative remedies to some enterprises which imported computer accessories produced by Kingmax company. Based on a request for invalidation by an import company, the NOIP issued Decision No. 1352/QD-SHTT to invalidate Certificate No. 77256 with the reason that the holder of Certificate for Trademark Registration did not comply with provision in Article 14.2.c of Decree No.63/CP of the Government.
Vien Son Company did not agree with Decision No. 1352/QĐ-SHTT and sued the Decision at People’s Court in Ho Chi Minh City. The judgment of first instance issued on 22 October 2008 of the People’s Court of Ho Chi Minh City supported the suit of Vien Son Company and cancelled Decision No. 1352/QĐ-SHTT. However, due to the appeal by the NOIP, the above content of the Decision of first instance was revoked by the Review Judgment of the Supreme People’s Court in Ho Chi Minh City.