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[Executive summary]: Tân Việt Company, a Vietnamese enterprise, successfully secured the trademark "CAF PROFESSIONAL SOUND" under Registration No. 390821 with IP VIETNAM. Upon discovering this registration, Kafu Company, a China-based company, filed an invalidation with IP VIETNAM based on bad faith ground.
IP VIETNAM’S invalidation Decision was made based on substantial proof provided by Mainetti (UK) Limited, including:
(i) Kafu Company and Tan Viet Company had a commercial relationship since 2016. Tan Viet Company was an exclusive agent of Kafu Company. Documentation attesting to this partnership includes a variety of pivotal records:
√ Contract details: The "CAF" sign is prominently displayed on the "box speaker" under Contract No. 01/NK/2016, executed on August 8, 2016.
√ Invoice evidence: The logo of Kafu Company is featured on Invoice number CAF1002, issued on July 29, 2016.
√ Distributorship: An Exclusive Distributor Certificate validates the exclusive rights granted to the partnership, spanning from 2016 to 2019.
(ii) No written authorization of Kafu Company for Tan Viet Company to apply for registration of the trademark "CAF PROFESSIONAL SOUND, fig" for products and services in class 09 and 35 in Vietnam. Kafu Company has never agreed to let Tan Viet Company register the CAF trademark in Viet Nam.
By Nguyen Vu QUAN
Partner & IP Attorney
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