Mr. Tran Van Ha, the owner of Phu Hung Tailor located at 23K, Hai Ba Trung Street, Hanoi said that his grandfather opened a tailor specializing in suit sewing and named it Phu Hung in 1944. From the commencing to now, his 9 siblings have set up 10 branches in Hanoi. Knowing that competition has recently become fiercer in market, trademark construction and protection has been enterprise’s urgent need, he applied for “Phu Hung” trademark registration in the early 2003. The National Office of Intellectual Property granted the certificate of trademark registration No. 54423 for “Phu Hung” trademark for clothes and services relating to clothes that belonged to Class 25 and 35. Thus, since being granted the certificate, Phu Hung tailor has had the exclusive right to use Phu Hung trademark for the above products and services throughout Vietnam.
However, Phu Hung tailor had lately discovered a tailor at 2E, Khamthien Street using the unlicensed trademark “Phu Hung”, making the products identical with Phu Hung. Their bags that are used to contain clothes also bear trademark “Phu Hung”. According to Phu Hung’s skilled dressmakers, it took 20 working hours for us to make a suit in which 16 hours was spent for sewing by hand or otherwise the suit had not qualified as our customer demanded. But, they spent only 4 hours and used machine to make a counterfeit product. So, they was so cheap but not qualitative. “Many customers bought suits there and came here to complain about the product’s bad quality. Thus, our prestige is afflicted so badly that we can not take.”
On receipt of Phu Hung tailor’s complaint dated December, 14, the Deputy Director of the National Office of Intellectual Property responded by the notification with the conclusion “The specimens of suits, bag and plate bear a trademark Phu Hung at 2E, Khamthien, Dongda, Hanoi) which is identical with the trademark protected under the certificate of trademark registration No. 5423. Therefore, In accordance with Section 805 of the Civil Code, the use of the above trademark in production, sale or circulation of suits without Phu Hung tailor’s license make customers confused and is trademark infringement.”
In fact, many companies’ intellectual property now is infringed, however few companies know how to protect themselves. So, the companies should pay attention to register their trademark. And if being infringed, they do not hesitate to struggle for their lawful rights and interests.