(PLO)- If the owner had a plan to protect and deal with infringement from the very beginning in order to exploit and use the name “Pho Thin” exclusively, there would not be the current scandals.
From the beginning of February, 2023, a pho restaurant named “Pho Thin” opened in Thu Duc City (HCMC) introduced as the “heir” of Pho Thin 13 Lo Duc Hanoi.
However, Mr. Nguyen Trong Thin, owner of Pho Thin 13 Lo Duc store in Hanoi, said that there is no such thing as a “heir”.
Pho Thin is a well-known name, everyone who has eaten knows that this pho originates from Hanoi. However, who is the owner of this trademark is not clear to everyone.
Illustration. Photo: HG
According to the official announcement at the website http://wipopublish.ipvietnam.gov.vn (Vietnam’s digital library of industrial property), as of February 26, 2023, the name “Pho Thin” appeared in 13 trademark registration applications were filed at the National Office of Intellectual Property of Vietnam by many different organizations and individuals.
Among the organizations and individuals applying to register the name “Pho Thin”, the owner of the application is Mr. Bui Chi Dat (mentioned by the press as the owner of the Pho Thin Bo Ho shop), Mr. Nguyen Trong Thin (the owner of the Pho Thin shop). owns Pho Thin store 13 Lo Duc Hanoi), Partnership Company preserves and develops the brand Pho Thin 13 Lo Duc Hanoi (the legal representative is Mr. Nguyen Trong Thin)…
However, currently in Vietnam, only Mr. Bui Chi Dat and Ms. Bui Thi Thanh Nhan are co-owners of a trademark called “Pho Thin” for the restaurant service industry group (pho shop), which is licensed. protection certificate.
During the term of protection of the mark, the owner has many different methods to use and commercially exploit his trademark, among which is the method of transferring the right to use the mark.
Currently, there is no information on whether these two owners have transferred/or franchised the right to use the trademark “Pho Thin”. Because the transfer of the right to use the mark is not currently registered with the National Office of Intellectual Property as prescribed in the past, but the assignment is still required to be registered.
Before Pho Thin, in the field of restaurants, there were many disputes and handling of trademark infringement that were resolved by different measures. For example: Trung Nguyen Group, when conducting franchise business for E-Coffee stores, but the “E-Coffee” trademark was previously registered by another company in Vietnam and has been granted a certificate of insurance. household. Currently, the owner has made a public announcement to avoid causing confusion with Trung Nguyen. As for Trung Nguyen Group, the registration application has been submitted, and the final registration result has not yet been obtained. Or like the case of trademark infringement “Son Cay” of the owner – Vien Ngoc Moi Investment Joint Stock Company has been resolved by the court.
In fact in business, in addition to the method of transferring the right to use the trademark, franchising is also a method of exploiting the brand value that is widely applied, especially in the field of F&B (Food and Beverage, temporarily). Translation: Restaurant and catering services).
According to the Commercial Law, franchising activities are often associated with the exploitation and use of intellectual property rights, including trademarks. Before implementing a franchise, the owner (the franchisor) needs to carry out the entire registration procedure and establish the rights to the intellectual property objects intended to be used in the franchise system.
When the certificate is issued, the owner will not have to prove the owner when there is a dispute related to the franchisor… To be on the safe side, the owner should have established the ownership rights to the franchised objects. object of intellectual property rights and then carry out franchising activities.
In franchising activities as well as in normal business activities, if the owner thoroughly implements the activities to handle infringements and resolve disputes (if any) early on, the risk can be avoided. for franchise business.
In the current Pho Thin story, if the owner (who is protected by law) has a plan to protect and handle infringement from the very first day (when the protection title is granted) to ensure the market If the school alone can exploit and exclusively use the name “Pho Thin”, there will certainly not be the current clutter.
Having this controversial information, whether you like it or not, will have a significant impact on the owner’s exploitation, and will also affect other parties.
On the other hand, if other organizations and individuals intend to use the mark but discover that it has been protected for other owners, they should avoid investing in this name to lead to bad legal consequences when disputed or handled infringing.
NGUYEN KHAC KHANG, General Director of Masterbrand, an organization representing intellectual property rights