Singer Nathan Lee registers exclusive trademark ‘Cao Thai Son’

The Industrial Property Official Gazette of the National Office of Intellectual Property, Ministry of Science and Technology, shows that the trademark “Cao Thai Son” is registered for protection by singer Nathan Lee (real name Truong Trieu Truc Lan). products and services of group 36 (real estate trading, real estate brokerage, real estate management…); group 41 (entertainment services, art and fashion shows, film and television program production…) and group 43 (restaurant service, coffee shop service, pub service…).

According to Clause 2, Article 1 of the Law on Intellectual Property (amended in 2009), a mark is a sign used to distinguish goods and services of different organizations and individuals.

Article 72 of this law prescribes general conditions for a protected mark, including: visible signs in the form of letters, words, drawings, images, including holograms, or a combination of them. those elements, represented by one or more colors; capable of distinguishing the goods or services of the mark owner from those of other subjects. Therefore, a registered trademark may include an individual’s name, an agency or an organization’s name.

According to lawyer Vo Dan, Director of Tapha One Member Law Firm, the fact that Nathan Lee took the name of singer Cao Thai Son to register for exclusive trademark protection could be considered and granted a certificate by the National Office of Intellectual Property. .

Mr. Mach analyzed that in order to register a trademark, in addition to meeting the general conditions prescribed in Article 72 of the Intellectual Property Law, it must also not fall into the two “unprotected” cases specified in Article 73 of the Law on Intellectual Property. this law.

First, the registration of a trademark is a person’s name signs that are identical or confusingly similar to real names, nicknames, pseudonyms, images of leaders, national heroes, celebrities of Vietnam and abroad.

Second, there are signs of misleading, confusing or deceiving consumers about the origin, features, uses, quality, value or other characteristics of the goods or services..

“Nathan Lee’s trademark registration of Cao Thai Son for its product and service groups is not in the first case, so it can be considered and certified by the National Office of Intellectual Property,” said lawyer Mach. However, he can also be rejected, especially for group 41 (including entertainment products and services, art performances and fashion shows, film and television program production, etc.) because this is a group of products that are closely related to careers and popularity. by singer Cao Thai Son.

“This trademark can make consumers, especially those who know Cao Thai Son as a famous singer, confusion. One can understand that the products and services that Nathan Lee has made registration belongs to Cao Thai Son’s ownership,” lawyer Mach stated.

In the position of Cao Thai Son, according to lawyer Mai, if the male singer finds that his name has been taken away by his colleagues for trademark registration, it will affect his legal rights and interests, he has the right to object to the Department of Justice. intellectual property, please do not grant a protection title for this mark.

This right is provided for in Article 112 of the Intellectual Property Law. Specifically, “from the date the property registration application is published in the Industrial Property Official Gazette, up to the date of the decision on granting a protection title, any third party has the right to give opinions to the management agency.” State management on granting or not granting a protection title for that application. The objections must be made in writing, accompanied by documents or cited information sources for proof.

Currently, the application for trademark registration of “Cao Thai Son” by singer Nathan Lee is considered by the National Office of Intellectual Property according to the provisions of Article 119 of the Intellectual Property Law. That is, within 9 months from the date of publication in the Official Gazette, the application for registration of a mark will be accepted if the conditions prescribed by law are satisfied. Also during this time, the third party has the right to file an objection.

However, in practice, the time to be granted trademark protection can last for more than 9 months from the date of publication, depending on the nature and content of the registration.

Thao Mi