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INTELLECTUAL PROPERTY RIGHTS DISPUTES FOR TRADEMARKS OWNED BY GROUP H. CORPORATION

On September 16, 2015, at the headquarters of the People&#39;s Court of Tay Ninh province, the first-instance public hearing of the commercial business case was accepted No.: 01/2015/TLKDTM-ST on 02/02/2015 about the dispute. intellectual property rights for the trademarks owned Group H Corporation;

According to the decision to bring the case to first-instance trial No. 01/2015/QDST-KDTM dated August 17, 2015, between the involved parties:

* Plaintiff: Group H Corporation;

Head office address: Avenue T, Industrial Park S, Ward D, Town D, Binh Duong Province;

Address: N Street, Ward 10, District P, Ho Chi Minh City (according to the authorization letter dated January 26, 2015) (Present);

* Defendant: Mr. Ho Tat M &ndash; Owner of Ho Tat M Facility, T Sheet Rolling Factory (Absent);

Address: Group 3, Hamlet T, Commune T, District T, Tay Ninh Province.

WHEREAS,

According to the lawsuit petition dated January 26, 2015, the additional lawsuit filed on June 16, 2015 and the testimony at the Court, the authorized representative of the plaintiff presented:

Group H Joint Stock Company (hereinafter referred to as Company H for short) has been granted a rrademark registrations as &ldquo;Ton H. And Device&rdquo;, No. 82129 for corrugated iron products belong to class 06 ; &ldquo;Ton H.&rdquo;, No. 153299 for corrugated iron products belong to class 06 ; &nbsp;&ldquo;Ton H.&rdquo;, No. 221393 for corrugated iron products belong to class 06 ; &ldquo;Ton H. And Device&rdquo;, No. 221390 for corrugated iron products belong to class 06 ; &ldquo;Ong Thep H.&rdquo;, &nbsp;&nbsp;No. 132273,&nbsp; for steel pipe products belong to class 06;

Through the field survey, Company H discovered that Ho Tat M Facility - T sheet rolling mill owned by Mr. Ho Tat M (Address: Group 3, T hamlet, T commune, T district, Tay Ninh province) hanging. The signboard is printed with the image of the trademark TON H. At the same time, Company H discovered that the corrugated iron mill T used the logo of H GROUP whose owner is Company H to print it on the quotation sheet, used for the business purposes of the Establishment. The content of the quotation sheet uses the trademark TON H and Ong Thep H.

Ho Tat M Facility - T sheet rolling mill has arbitrarily used the trademark of Company H, which has been granted a trademark registration &ldquo;TON H.&rdquo; to print on advertising signs for the corrugated iron factory, and the trademark as H GROUP logo and TON H. trademark and Ong Thep H. logo to print on the the Facility &#39;s quotation form for business purposes. Company H asserts that it does not have any written approval for the T sheet metal rolling mill to use the trademarks above said to make advertising signs, print on price quotations, offer sheets, etc., for the purpose. business or any other purpose.

Company H has requested Ho Tat M Facility - T sheet rolling mill to remove the above sign, but Ho Tat M Facility - T sheet mill continues to violate. On March 2, 2015, Company H did a physical inspection at Ho Tat M Facility - T sheet rolling mill, and discovered that the billboard of this factory was still erected in front of the factory, Ho Tat M Facility also illegally use the trademark &ldquo;TON H and Device&rdquo; of the Company. On June 16, 2015, Company H discovered that Ho Tat M Facility - T corrugated iron factory continued to illegally use Ton H trademark to make display shelves for corrugated iron products that Ho Tat M. Factory &nbsp;&ndash; T sheet rolling mill is in business, to advertise the production and business activities of Ho Tat M. Facility &ndash; T sheet roll factory owned by Mr. Ho Tat M.

Company H requested the People&#39;s Court of Tay Ninh province to adjudicate:

1/ Ho Tat M Facility &ndash; T sheet rolling mill stops the illegal use of the TON H trademark of Company H to print on the advertising sign in front of the corrugated iron mill, immediately remove the boards. signs, billboards using trademarks of Company H.

2/ Ho Tat M Facility &ndash; T sheet rolling mill stops using the all trademarks owned by Company H to print on the quotation sheets of Ho Tat M Facility &ndash; T sheet metal rolling mill. , cancel all quotations and other documents (if any) bearing logos belonging to the owner of Company H.

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In the minutes of conciliation dated April 27, 2015 (BL84, 85), the representative of the defendant &ndash; Mr. Ho Tat M, owner of Ho Tat M Facility presented:

He admitted to using the TON H trademark of Company H printed on the billboard in front of the T sheet metal rolling mill as presented by the plaintiff&#39;s representative. From December 22, 2014 to January 13, 2015, he bought some H-corrugated iron coils at Company H and purchased H-box iron at Manufacturing - Construction - Trading - Service Co., Ltd. Mr. Ho Tat M believes that Ho Tat M Facility sells products of Company H, so it is allowed to use Company H&#39;s trademark to let customers know that his Ho Tat M Facility sells goods of Company H. He proposed to Company H. gives him time to sell all of Company H&#39;s goods then he will take down the billboard, or Company H will receive Company H&#39;s goods, he will take down the billboard, not using Company H&#39;s trademarks.

At the trial, the representative of the People&#39;s Procuracy of Tay Ninh province presented:

The handling and determination of the dispute relationship, the status of the participants in the proceedings, the Judge has complied with the provisions of the law, but has violated the time limit for trial preparation.

Compliance with the law of the Trial Panel: The Trial Panel strictly followed the provisions of the Civil Procedure Code on the first-instance trial, ensuring the correct composition of the Trial Panel, the trial scope, the order and procedures at the first-instance court hearing are strictly in accordance with the provisions of the Civil Procedure Code. Regarding the law observance of the participants in the proceedings: Since accepting the case as well as at the first-instance trial, the plaintiff has complied with the provisions of law; for defendants who have been duly summoned by the Court twice but are still absent, so they do not strictly comply with the provisions of the Civil Procedure Code.

WHEREAS,

After studying the documents contained in the case file which were examined at the court hearing and based on the results of arguments at the trial, the first-instance trial panel concluded:

Regarding litigation:

Defendant Mr. Ho Tat M - Owner of Ho Tat M Facility, T-steel rolling mill was duly summoned by the Court twice but was still absent without reason, so the Court conducted a trial in his absence according to the provisions of law. specified in Clause 2, Article 199; Clause 3, Article 202 of the Civil Procedure Code.

About content:

On October 21, 2010, the NOIP granted the registration No. 153299 for trademark as TON H and Device; No. 221393 for the trademark as TON H.; No. 221390 for the trademark as H GROUP and Device. No. 132273 for the trademark as Ong Thep H, . Based on the lawsuit filed on January 26, 2015, and the additional lawsuit on June 16, 2015, Company H requested Mr. Ho Tat M. - Owner of Ho Tat M. Facility, T sheet metal rolling mill to terminate infringing upon the Company&#39;s trademark.

In the minutes of conciliation dated April 27, 2015 (BL No. 84), Mr. Ho Tat M admitted that Ho Tat M. Facility - T sheet rolling mill had billboards printed with the TON H. trademark, price lists of Ho Tat M. facility printed with the trademarks as TON H, Ong Thep H., without the written permission of Company H in order to let customers know that he is trading in H steel products, H steel pipes. , zinc H... of Company H. In the minutes of on-site review and appraisal dated July 29, 2015 (BL No. 101), it was shown that Ho Tat M Facility used the TON H trademark. with yellow letters on it. The brown background coincides with the protected trademarks above said of Company H. Therefore, there is a basis to determine that Ho Tat M Facility - T sheet rolling mill used the trademarks as TON H, Ong Thep H. owned by Company H.

In addition, the minutes of on-site review and appraisal dated July 29, 2015 (BL No. 101) also show that Ho Tat M Facility used color images to cover the H GROUP logos on pre-built billboards. T sheet rolling mill should be noted that Ho Tat M facility has stopped using the H GROUP trademark of Company H printed on billboards in front of Ho Tat M Facility - T sheet metal rolling mill.

The arguments of the defendant said that because Ho Tat M Facility is trading in products of Company H so auto-permitteed to use Company H&#39;s trademarks owned Company H, is not correct. Because Company H is the owner of the trademarks above said, so according to Clause 1, Article 123 of the Intellectual Property Law, Company H has the following rights: &ldquo;a) Use, allow others to use industrial property objects as prescribed in Articles 124 and Chapter X of this Law; b) Prohibit other people from using industrial property objects as prescribed in Article 125 of this Law; c) Dispose of industrial property objects as prescribed in Chapter X of this Law&rdquo;. Therefore, the fact that Mr. M trades products of Company H does not automatically give rise to the right to use Company H&#39;s trademarks, but when Mr. Ho Tat M. uses the Company H&#39;s trademarks, he must with the permission of Company H. Furthermore, in Official Letter No. 42/CV/HSG/2015 dated January 20, 2015 of Company H (BL No. 40) sent to Ho Tat M. Facility - Steel Rolling Factory T, Company H did not allow Ho Tat M Facility - T corrugated iron mill to use the Company&#39;s trademarks, requested to stop using the Company&#39;s trademark to print on billboards, Invoice, price list of Ho Tat M Facility - T sheet metal rolling mill.

Thus, Mr. Ho Tat M - Owner of Ho Tat M Facility has the act of using the trademarks as TON H., Ong Thep H., identical with the trademarks above said of Company H without the permission of the owner. At the same time, the act of using the trademark of Ho Tat M Facility is for the purpose of facilitating business, i.e. commercial purposes, and is not subject to Clauses 2 and 3, Article 125 of the Intellectual Property Law. Therefore, Mr. Ho Tat M - Owner Ho Tat M has committed an act of infringing industrial property rights on the trademarks of Company H according to point a, Clause 1, Article 129 of the Intellectual Property Law: &ldquo;Using use a sign identical to a protected mark for goods or services identical with goods or services on the list of registered trademarks.

Therefore, based on Articles 123, Article 202 of the Intellectual Property Law, it is necessary to accept the plaintiff&#39;s request to initiate a lawsuit, forcing Mr. Ho Tat M - Owner of Ho Tat M Facility, T-steel rolling mill to stop using use the trademark TON H. printed on the advertising board in front of the T sheet metal rolling mill, remove the billboards and signs using the trademark TON H. of Company H., stop using the trademark as TON H., Ong Thep H. to print on the quotation sheets of Ho Tat M Facility - T sheet rolling mill, forcing Ho Tat M. Facility Owner to be responsible for destroying all quotations and documents. Other brands are printed with the trademarks as TON H, Ong Thep H. owned by Company H.

Regarding the first-instance court fees, Mr. Ho Tat M. - Owner of Ho Tat M Facility must bear the first-instance commercial business court fees in accordance with the law.

For the above reasons,

DECISION

Applying Article 123; Article 125; Article 129; Article 202 of the Law on Intellectual Property; Article 131 of the Civil Procedure Code; Ordinance on court fees and charges 2009:

1/ To accept the petition of the plaintiff of Group H Joint Stock Company against Mr. Ho Tat M &ndash; Owner of Ho Tat M Facility, T sheet roll mill.

Forcing Mr. Ho Tat M. - Owner of Ho Tat M. Factory, T sheet rolling mill to stop using the trademark as TON H printed on the billboard in front of the T sheet rolling mill, stop using the trademark &nbsp;as TON H. Ong Thep H., to print on the quotation sheets of Ho Tat M Facility &ndash; T sheet rolling mill.

Forcing Mr. Ho Tat M - Owner of Ho Tat M Factory, T sheet metal rolling mill to remove billboards and signs using the TON H trademark owned by H Group Joint Stock Company, destroy all Both the price lists and other documents printed with the trademarks as TON H, Ong Thep H. are owned by H Group Joint Stock Company.

In recognition of Mr. Ho Tat M &ndash; Owner of Ho Tat M Facility, T Sheet Rolling Factory has stopped using the trademarks of H Group Joint Stock Company printed on the advertising boards in front of the T Sheet Rolling Factory. .

2/ Regarding court fees:

Mr. Ho Tat M - Owner of Ho Tat M Facility, T sheet rolling mill must bear 2,000,000 VND in court fees for first-instance commercial business.

Group H Joint Stock Company does not have to bear first-instance commercial business court fees. Refund to Group H Joint Stock Company the paid court fee advance of 1,000,000 VND according to the collection receipt No. 0008101 dated February 2, 2015 of the Civil Judgment Execution Department of Tay Ninh province.

In case a judgment or decision is enforced according to the provisions of Article 2 of the Law on Civil Judgment Execution, the civil judgment debtor or civil judgment debtor has the right to agree on judgment enforcement, the right to request enforce judgments, voluntarily execute judgments or are coerced to execute judgments as prescribed in Articles 6, 7 and 9 of the Law on Civil Judgment Execution. civil judgment&rdquo;.

The first-instance court shall conduct a public trial and notify the plaintiff of the right to appeal to the High People&#39;s Court in Ho Chi Minh City within 15 days from the date of judgment. The defendant may appeal within 15 days from the date of receipt of the judgment or the judgment is publicly posted as prescribed by law.

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