Successfully Overcoming a Trademark Refusal: A Dong IP Helped the VLOZEN Trademark Obtain Protection
Receiving a Notice of Intended Refusal from the Vietnam Intellectual Property Office (IP Vietnam) does not necessarily mean the end of a trademark application.
In many cases, applicants still have the opportunity to secure trademark registration by submitting well-reasoned legal arguments supported by evidence demonstrating that the applied-for mark satisfies the protection requirements under Vietnamese trademark law.
One such example is the VLOZEN trademark. Representing the applicant, A Dong Translation – Intellectual Property Consulting Co., Ltd. (A Dong IP) successfully responded to IP Vietnam's refusal notice, resulting in the application being accepted for registration.
Case Overview
- Trademark: VLOZEN
- Application No.: 4-2024-58331
- Filing Date: December 3, 2024
- Applicant: Doan Quoc Vinh
- Class: 05
- IP Representative: A Dong Translation – Intellectual Property Consulting Co., Ltd.
During substantive examination, IP Vietnam issued a notice indicating its intention to refuse registration on the ground that the applied-for trademark was considered confusingly similar to an earlier registered trademark under National Registration No. 128297.
According to the substantive examination notice, IP Vietnam considered that the VLOZEN trademark might create a likelihood of confusion with a prior registered trademark covering goods in Class 05.
Without a persuasive response, the application could have been refused in its entirety.
After thoroughly reviewing the examination report and the cited trademark, A Dong IP prepared a comprehensive legal response demonstrating that the applied-for mark possesses sufficient distinctiveness and does not create a likelihood of confusion.
A Dong IP compared the two trademarks from multiple perspectives, including:
- Overall structure;
- Number of letters;
- Pronunciation;
- Visual appearance;
- Stylization and color presentation.
The response emphasized that VLOZEN is a coined word with a high degree of inherent distinctiveness. Its overall commercial impression differs significantly from that of the cited trademark, allowing consumers to distinguish the two marks in the marketplace.
Although both trademarks fall within Class 05, the respective goods differ in nature.
The VLOZEN application covers medicated confectionery and dietary supplements for medical purposes.
By contrast, the cited registration covers: Pharmaceuticals.
A Dong IP argued that these products differ in their intended use, distribution channels, and target consumers, making confusion as to commercial origin unlikely.
The response further explained that:
- The applicant had already used the trademark in commerce;
- No trademark dispute had arisen;
- The owner of the cited trademark had raised no objection to the application; and
- Consumers were capable of distinguishing between the two trademarks.
These practical considerations further supported the conclusion that registration of the VLOZEN trademark would not adversely affect the rights of the earlier trademark owner.
After reviewing A Dong IP's response, IP Vietnam accepted the applicant's arguments.
According to Notice No. 124683/SHTT-NH.IP dated July 30, 2026, IP Vietnam concluded that the trademark application satisfied the statutory requirements for protection and requested payment of the registration fees for issuance of the Certificate of Trademark Registration.
This successful outcome demonstrates that a well-prepared response to an examination refusal can significantly improve the likelihood of obtaining trademark protection.
A notice of intended refusal should not be viewed as the final outcome of your trademark application.
Instead, applicants should promptly:
- Analyze the legal grounds for refusal;
- Assess the likelihood of overcoming the objections;
- Prepare persuasive legal arguments supported by evidence;
- Submit the response within the prescribed deadline.
An effective response requires not only a sound understanding of trademark law but also practical experience with IP Vietnam's examination practice and assessment criteria.
As a licensed Industrial Property Representative in Vietnam since 2007 (Representative Code No. 078), A Dong IP has successfully assisted numerous domestic and international clients in:
- Responding to Notices of Intended Refusal;
- Appealing trademark refusal decisions;
- Demonstrating trademark distinctiveness;
- Overcoming likelihood-of-confusion objections;
- Filing and prosecuting trademark applications in Vietnam.
Our experienced trademark attorneys develop tailored legal strategies designed to maximize the chances of obtaining trademark registration.
If your trademark application has received a Notice of Intended Refusal or has already been refused by IP Vietnam, A Dong IP is ready to evaluate your case and prepare a strategic response to protect your valuable intellectual property rights.
A Dong IP – Your Trusted Intellectual Property Partner in Vietnam.
Please contact us:
A DONG IP – TRANSLATION – CONSULTANCY COMPANY
Room F2&F3, No. 2 Phung Khac Khoan Street, Sai Gon Ward, Ho Chi Minh City, Viet Nam
Tel: 84-28 3926 0120 – 39260125
Email: consultant@a-dong.com.vn; info@a-dong.com.vn
Website: a-dong.com.vn
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