According UNC, 2017, establish company in Vietnam and trademark under law protection. Because at Point b Clause 3 Article 6 Intellectual property law regulated that: “Industrial property right with trademark established base on using trademark legally.”
(St) – Whatever UNC do, UCA do the same
After, UNC find out Mr. Le Thanh Hai a former employee of UNC is the founder of International Investment Consultant UCA company ltd. (under law representative Mr. Le Thanh Hai).
UNC believes that UCA company ltd using “UCA” symbol in business activities has a sign to use the same trademark of UNC under law protection, along with ability to cause confusion for the clients of UNC. According to UNC, UCA run the same principal business with UNC (Education Support Service field – detail is Studying abroad consulting industry code: 8560). The name UCA is also too much similar to be able to cause confusion with the name UNC when two same words are “U” and “C”. In other hand, UCA located in same position with UNC in District 1 Ho Chi Minh city, and the logo of UCA is the same with the logo of UNC because using red font, with the note words in below and white background can create the ability for confusion between two companies or think there is a connection between two companies.
LAWYER MS. DANG KIM NGAN HA, REPRESENT FOR UNIVERSAL NETWORK CONNECTION COMPANY (UNC)
According UNC, Clause 2 Article 129 Intellectual property law regulated: “All behaviors using same or similar trademark with the trademark of other person which used on same or similar product, service causes confusion for business host, business facility, business activities under that trademark are considered as a trademark infringement behavior”. Therefore, UNC believes this is trademark infringement behavior which protected by law.
Send requirement document to terminate
With goodwill, UNC sent requirement document to request UCA must terminate using trademark UCA for business, and change the name on the certification form and delete the line word “UCA” on their panel, logo…
Due to not receiving the response, on 27th December 2018, UNC wrote lawsuit to sue UCA. UNC required Ho Chi Minh People’s court to solve these problems: force UCA company to change name of the enterprise on the business certificate, do not use trademark “UCA” in business activities related to education support field (included but no limit activities: studying abroad consulting, immigration consulting, support service and organize travel tour,…). At the same time, UCA Company have to correct publicly and apologize UNC Company because of using trademark, the name of enterprise which cause confusion for clients of UNC.
After that, on 7th January 2019, UNC received dispatch from UCA. The representative of UCA believed that UCA is legal enterprise according to Business Certificate granted by Department of Planning and investment, so the trademark of UCA using now is not the same or causing confusion to the trademark of other enterprise. Beside that, UCA believed that the logo/label which UCA is using now does not have any sign considered as same or causing confusion to logo/label of UNC (the words UCA and UNC have character arrangement as well as characters which are completely different, the word with light red compared with the dark red, with the picture of maple leaf on letter C…). Therefore, UCA believed that they do not have any behavior considered as using the same or similar trademark, the name of enterprise to the name of other personal or organization…..
At present, Ho Chi Minh people’s court have received the lawsuit from UNC and is managing.
In order to understand further about situation, on 15th January, reporters contacted Mr. Le Thanh Hai. Mr Hai said that he already had lawyer authorize and sent dispatch to UNC. For that reason, the contents in dispatch are also the opinions of UCA.
Source: Phap Luat newspaper