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Trade Marks
Trademark infringement
ASANZO’s information

 ASANZO trademark, belonging to ASANZO


GROUP CORPORATION
 Address at 14, Street 4, Vinh Loc Residential
Area, Binh Hung Hoa B Ward, Binh Tan District,
Ho Chi Minh City.
 Business registration number 0314074316 issued
on October 20, 2016
 Place of issue - Department of Planning and
Investment of Ho Chi Minh City.

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ASANO’s information

 ASANO trademark belongs to ASANO


VIETNAM Joint Stock Company ( ASANO JSC
).
 Address at No. 125/208 Luong The Vinh Street,
Tan Thoi Hoa Ward, Tan Phu District, Ho Chi
Minh City.
 Business registration number 0313812803 issued
on April 13, 2016,
 Place of issue - Department of Planning and
Investment of Ho Chi Minh City.

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Product

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Diagram

 ASANO VIETNAM JOINT STOCK


COMPANY thinks that ASANZO GROUP
CORPORATION intentionally uses a trademark
similar to that of ASANO VIETNAM Joint
Stock Company.
 ASANO JSC sued the Court with ASANZO
Vietnam to terminate. acts of violating

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LOGO

What happen in the case?


MAIN CONTENT

Dong Phuong Trading and Manufacturing Co., Ltd.,


the owner of the Asano trademark, has sued
Asanzo Electronics Vietnam Joint Stock Company
for trial for trademark infringement.
Detail Content

By 2015, the Company discovered that


the market had Asanzo Electronics Joint Stock
Company of Vietnam using the trademark of
Asanzo with the same design and model
similar to the trademark of Asano that the
company was registered for protection.

Dong Phuong Co., Ltd established the


written evidence by the bailiff that Asanzo
Company sells products such as 32 inch, 40
inch, 23 inch led TVs.
Detail Content

August 10, August 18,


2015 2015

Dong Phuong Company The inspection


sent a dossier to the conclusion confirmed
that the Asanzo sign was
Institute of Intellectual a factor infringing upon
Property Science for the rights to the Asano
evaluation. trademark.
Detail Content

sent a written request


Dong Phuong
Company The Authorities

Meanwhile, Asanzo Company still promotes the


widespread brand name on the mass media.
Detail Content
Therefore, Dong Phuong Company filed a
lawsuit to court asking Asanzo:

THIRD

SECOND Delete all goods


which is printed
FIRST Apologize publicly
for rectification brand
VND 500 million
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HOW WAS THE CASE FINALLY SOLVED?

III. DECISION:
DECISION:

 Pursuant to Clause 1, Article 308 of the 2015 Civil


Procedure Code.
 Do not accept the appeal of the plaintiff D Manufacturing
and Trading Co., Ltd. and the defendant of Vietnam
Electronics Corporation A. Remaining the first instance
judgment No. 658/2018 / KDTM-ST dated 24 May 2018 of
the Ho Chi Minh City People's Court.
DECISION:

Pursuant to Clauses 1 and 2, Article 30; Point a,


Clause 1, Article 37; Point a, Clause 3, Article 38;
Point a, Clause 1, Article 39 of the 2015 Civil
Procedure Code;

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DECISION:

Application of Point a, Clause 3, Article 6; Article


72; Article 74; Article 90; Article 92; Article 93;
Article 130; Article 198; Article 202; Article 203 of
the 2009 Intellectual Property Law amended and
supplemented;
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DECISION:

Pursuant to the Government's Decree No. 105/2006 /


ND-CP of September 22, 2006, detailing and guiding a
number of articles of the Intellectual Property Law
regarding protection of intellectual property rights and
management State on intellectual property;

Pursuant to Resolution No. 326/2016 / UBTVQH14


dated December 30, 2016 of the National Assembly
Standing Committee stipulating court fees and charges.
DECISION:
Declared:
1/. Suspending the settlement request of D Trading and Production
Co., Ltd. to Department S regarding the invalidation of the
certificate of BRC No. 221067.
2/. Accepting part of the claimant's request, forcing Company A
Vietnam:
+ Stop the infringement, namely to stop using the
trademark
DECISION:
Declared:

+ To remove the trademark "Asanzo, pictures" () affixed to


all products of groups 7, 9 and 11 currently circulating on
the Vietnamese territory;

+ Responsible for payment of Trade and Production Co.,


Ltd. D the amount of compensation is 100,000,000 (One
hundred million) VND.
DECISION:
Declared:
3 /. Vietnam Electronics A Joint Stock Company must
apologize and rectify publicly on 03 consecutive issues of
Thanh Nien Newspaper.
4 /. Suspend the handling request of Electronics Vietnam
A Joint Stock Company and claim compensation for
damage to D and Trade Co., Ltd.

5 /. Do not accept counterclaims from Electronics A


Vietnam Joint Stock Company on asking D Trading and
Manufacturing Co., Ltd. to apologize and correct in the
press.
DECISION:
Declared:
6 /. First-instance commercial court fees:
+ Electronics Corporation A of Vietnam must bear the
total cost of first instance is
11,000,000
+ Đ Trade and Production Co., Ltd. must bear the first-instance
court fee of VND 20,000,000 (Twenty million)
LOGO