Remove the fake Cu Do Ong Ba Thu Vien product label

The act of using the trademark "Cu do Ong ba Thu Vien" without the owner's consent may be subject to an administrative fine of 25 million VND.

In January 2024, Mr. Phan Huu Cuong (residing in Cam Xuyen district) is the representative of Mr. Dang Kim Thu - the owner of the Cu Do Ong Ba Thu Vien brand, who filed a request to the Department of Science and Technology to handle the act of intellectual property infringement. Accordingly, the business household Le Thi Hai Yen (Cu Do Hieu Duc) with 2 addresses at 624 Ha Huy Tap Street - Ha Tinh City (facility 1) and on the bypass road in Cam Vinh commune, Cam Xuyen district (facility 2) is illegally using the trademark "Cu Do Ong Ba Thu Vien" to produce and trade the same Cu Do candy product, causing damage to the business of Mr. Dang Kim Thu and his family.

On the morning of February 5, a delegation from the Department of Science and Technology inspected and verified the content of the petition for intellectual property infringement of the trademark "Cu Do Ong Ba Thu Vien".

Although Mr. Dang Kim Thu had previously sent a petition to the People's Committee of Ha Tinh City, the People's Committee of Cam Xuyen District and relevant departments and branches requesting to handle the infringement of the trademark "Cu do ong ba Thu Vien", Cu do Hieu Duc facility still deliberately did not comply, even printing new signs to advertise and attract customers' attention.

At the time of inspection and verification by the Department of Science and Technology, Cu Do Hieu Duc facility presented business registration certificate No. 28I8005157 issued by the People's Committee of Cam Xuyen district on April 10, 2019 for facility 2; could not present the business registration certificate as prescribed at facility 1; the facilities with the signboard named "Cu Do Cau Phu" have stopped trading in goods and services with the brand name "Cu Do Ong Ba Thu Vien".

The owner of Hieu Duc facility has stopped using the sign "Cu do Thu Vien" and replaced it with "Cu do Cau Phu"

However, at the time of inspection, facility 1 was still keeping 3 plastic boxes labeled "Mr. and Mrs. Thu Vien", 1 carton box labeled "Mr. and Mrs. Thu Vien" and more than 50 "Mr. and Mrs. Thu Vien" labels (no products); facility 2 was still keeping 1 box labeled "Mr. and Mrs. Thu Vien" (no products).

The business owner could not provide legal documents of the trademark "Mr. and Mrs. Thu Vien" or the contract of transfer of all ownership of the industrial property object between the owner and the business owner.

Ms. Le Thi Hai Yen removed all the trademarks "Mr. and Mrs. Thu Vien" that she was keeping.

Ms. Le Thi Hai Yen shared that previously, the facility produced and traded cu do candies under the brand name Ong Ba Thu Vien. After the Department of Science and Technology issued Document No. 153/SKHCN-TTra dated February 1, 2024 regarding intellectual property rights for the Ong Ba Thu Vien brand, the facility stopped using the Ong Ba Thu Vien brand on its signboard and did not produce or trade cu do candies under this brand name. After listening to the explanation of the inspection team representative, the facility realized its violation and committed to immediately eliminate the violating element.

Mr. Nguyen Xuan Kien - Chief Inspector of the Department of Science and Technology of Ha Tinh said that this is a case with signs of intellectual property rights infringement on product labels without the owner's consent. Through comparing the structure, pronunciation and form of expression of the trademark on the boxes and product labels, it shows that the name "Mr. and Mrs. Thu Vien" is identical to the Trademark Registration Certificate No. 455478 dated June 23, 2023 issued by the Department of Intellectual Property to Mr. Dang Kim Thu.

According to Decree 99/2013/ND-CP dated August 29, 2013 of the Government regulating administrative sanctions for violations in the field of industrial property, acts of infringement of rights to trademarks, geographical indications, trade names, and industrial designs will be subject to administrative sanctions based on the value of the infringing goods; the maximum fine can be up to 25 million VND.

Regarding Hieu Duc facility, the Inspector of Ha Tinh Department of Science and Technology has drawn up a record, reminded and requested the facility owner to remove all the trademarks of Mr. and Mrs. Thu Vien that are being kept; in case of re-offending, the Department of Science and Technology will strictly handle according to the provisions of law.

Duong Chien

Source: https://baohatinh.vn/kinh-te/loai-bo-nhan-hang-hoa-cu-do-ong-ba-thu-vien-dom/261367.htm