MINISTRY OF SCIENCE AND TECHNOLOGY SOCIALIST REPUBLIC OF VIETNAM

VIETNAM INTELLECTUAL PROPERTY Independence - Freedom - Happiness

RESEARCH INSTITUTE

CONCLUSIONS OF AN EXPERT ASSESSMENT

INDUSTRIAL PROPERTY RIGHTS
No: NH077 – 19YC/KLGĐ

Inspection agency: Vietnam Intellectual Property Research Institute - Ministry Of Science And
Technology
Expert witness: Pham Dinh Chuong
Date: Feb 25, 2019 – Feb 27, 2019
at Vietnam Intellectual Property Research Institute

Part 1: REQUIREMENT ON THE CONTENT OF AN ASSESSMENT

 Record inspection:
No NH077 – 19YC, submitted on February 22, 2019
 Solicit an expert assessment/ The applicant:
VNG corporation
Adress: 52 Nguyen Ngoc Loc Street, Ward 14, District 10, Ho Chi Minh City.
1.1 Document, subject matters of assessment
The following documents/Material evidence - provided by the Solicit an expert
assessment - are used to perform the assessment(1):
Documents: include the following categories:
- Document 1: File name: “Mark “ Kiếm Vũ 3D” of VTC Mobile”.
Document content: Color print photos of the website interface with the address:
http://kiemvu3d.splay.vn/ (01 page)
- Document 2: File name: “Mark “Kiếm Vũ mobi” of Gamota Corporation”.
Document content: Color print photos of the website interface with the address:
http://kiemvu.gamota.com/ (01 page)
- Document 3: Copy of Certificate of Registration of Trade Mark No. 297618 (03 Pages).
1.2 Inspection object types
At the request of the applicant, the assessment is carried out with the inspection object types:

Table 1. Inspection object types

No. Name Picture shown Locate on document /
Brief description Inspection object types material evidence
1  Signs "Kiếm Vũ 3D và Inspection object 1 Displayed in the middle,
hình" - hereinafter below the website toolbar
referred to D.1 http://kiemvu3d.spaly.vn/
 Signs include the word (Document 1)
"Kiếm Vũ" displayed in
large size italics, divided
into two lines, the upper
corner, to the right of the
word "Vũ" are small
"3D" words, to the right
of the "Kiếm Vũ 3D" is
a sword, all the letters
and shapes are placed in
a black circle, outside is
a dark turquoise square,
silver edges, and four
corners rounded.
2  Signs "Kiếm Vũ mobi và Inspection object 2 Displayed in the left
hình" - hereinafter corner, below the website
referred to D.2 toolbar
 Signs include the word http://kiemvu.gamota.com/
"Kiếm Vũ" displayed in (Document 2)
large size italics,
divided into two lines,
the upper corner, to the
left of the word "Vũ" are
small "mobi" words, the
word "Kiếm Vũ mobi"
is placed in a red / black
circle with fire spots,
like a fireball, oblique
from the right to the left
is a sword.
1.3 Purpose of assessment
According to the applicant:
- The purpose of the assessment is to serve the handling of industrial property rights
infringement, done by a third party;
- People suspected of carrying out infringement (hereinafter referred to as "suspicious
person")
(i) VTC Mobile (Address: No.65, Lac Trung Street, Vinh Tuy Ward, Hai Ba Trung
District, Ha Noi City);
Behavior suspected to be infringing: use the sign D.1 on the content of the website
http://kiemvu3d.splay.vn/ - in order to advertise and trade online games - suspected to be the
same as causing confusion with the protected trademark under the Certificate of Registration of
Trade Mark No. 297618 of VNG Corporation.
(ii) Gamota Corporation (Address: No.71 Dang Van Ngu Street, Hai Cang Ward, Quy
Nhon Provincial City, Binh Dinh Province);
Behavior suspected to be infringing: use the sign D.2 on the content of the website
http://kiemvu.gamota.com/ - in order to advertise and trade online games - suspected to be the
same as causing confusion with the protected trademark under the Certificate of Registration of
Trade Mark No. 297618 of VNG Corporation.

1.4 Inspection content

The applicant requests the Inspection agency to carry out the following content:
Review and evaluation Inspection object 1 and Inspection object2 are used, as stated in
Section 1.2 of this conclusion, whether it is an infringement of trademark rights protected under
Certificate of Registration of Trade Mark No. 297618 of VNG Corporation or not.

Part 2. CONDUCT ASSESSMENT

2.1 Legal grounds, theoretical basis

- According to the law: “Infringing element means an element created from an act of
infringement” (Article 3.5 Decree 105/2006/ND-CP dated Sep 22, 2006 of The Government
detailing and guiding the implementation of a number of articles of The Law On Intellectual
Property on protection of intellectual property rights and on state management of intellectual
property; amended and supplemented according to the Decree 119/2010/ND-CP dated Dec 31,
2010 - Hereinafter referred to “Decree 105/2006 amended”) and “An infringing element of a
mark is a sign affixed on goods, their packages, means of services, transaction documents,
signboards, means of advertising or other means of business that is identical or confusingly
similar to the protected mark” (Article 11.1 Decree 105/2006 amended).
 - Also according to the law: “The following acts, if performed without the permission of
mark owners, shall be deemed to be infringements of the right to a mark: (a) Using signs
identical with protected marks for goods or services identical with goods or services on the list
registered together with such mark; (b) Using signs identical with protected marks for goods or
services similar or related to those goods or services on the list registered together with such
mark, if such use is likely to cause confusion as to the origin of the goods or services; (c) Using
signs similar to protected marks for goods or services identical with, similar to or related to
goods or services on the list registered together with such mark, if such use is likely to cause
confusion as to the origin of the goods or services;” (Article 129.1 Law On Intellectual Property
2005/2009).
- Infringement rights of trademarks are objects (elements) that fully meet the following
three conditions:
 First condition: An infringing element of a mark is a sign affixed on goods, their
packages, means of services, transaction documents, signboards, means of
advertising or other means of business;
 Second condition: is identical or confusingly similar to the protected mark
 3rd condition: used illegally, the object used by a third party but not authorized
by the trademark owner or permitted by law.
2.2 Mode of assessment
Based on the above-mentioned legal grounds, the assessment with the contents as
mentioned in Section 1.4 is done by evaluating each condition in turn so that the subject shall
be regarded as an infringing element. The assessment of each condition is done based on the
corresponding legal grounds (will be specifically referenced). The main methods are used to
conduct assessment.
- The comparison method (compare with the legal status and the use status of subject
matters of assessment with Reference Label);
- Assessment analysis and evaluation (analyze the actual situation of registration and use
of trademarks so that they can draw the judgment of consumers' ability to distinguish or make
mistakes, …);
- Integrated approach (from the results of comparison, evaluation, analysis to draw the
necessary conclusions).
 In order to carry out the above methods, in necessary cases, the Inspection agency has the
right to conduct the collection and search of information / materials in appropriate sources (also
referenced specifically)
2.3