>> Hanoi/The Inspectorate of the Ministry of Science and Technology.
>> Case No:
/2009/NH
>> Penalty Decision No.(Decision Date): 28/QĐ-TTra dated: 16/6/2009
>> Parties
Plaintiff: Husqvarna Aktielolag (Swede)
Defendant: Kim Hung Engineering Center
>> Protected trademark
>> Infringing trademark
>> Facts:
Husqvarna Aktielolag Company (Swede) is the owner of trademark “HUSQVARVA, Figure” under the
Certificate of trademark registration 70356 and International Registration No. 978393 for the Portable Chain-Saw.
On 11/6/2009, Husqvarna Aktielolag (through its Industrial Property Agent, INVESTIP) filed a petition
and requested the Inspectorate of the Ministry of Science and Technology to carry out an inspection and to deal with
Kim Hung Engineering Center for its trading of portable chain-saw products bearing trademark “HUSQVARVA,
Figure” falsifying the protected trademark “HUSQVARVA, Figure” of Husqvarna Aktielolag.
On 16/6/2009, the Chief Inspector of the Ministry of Science and Technology signed Decision 28/QĐ-TTra
to conduct an inspection of trading activities with regard to the portable chain-saw products bearing trademark
“HUSQVARVA, Figure” by Kim Hung Engineering Center. The inspection team detected that Kim Hung
Engineering Center was possessing, for sale, 2 portable chain-saws bearing trademark “HUSQVARVA, Figure”
which is identical to trademark “HUSQVARVA, Figure” being protected in Vietnam of Husqvarna Aktielolag under
the Certificate of Trademark Registration 70356.
>> Issue:
To determine whether the portable chain-saw product bearing trademark “HUSQVARVA, Figure” which is
displayed for sale at Kim Hung Engineering Center is counterfeiting the protected trademark “HUSQVARVA,
Figure” under the Certificate of Trademark Registration 70356?
>> Holding and Decision:
Considering the portable chain-saw product bearing trademark “HUSQVARVA, Figure” stamped on the
container of the chain-saw products being stored by Kim Hung Engineering Center for sale, the Inspectorate of the
Ministry of Science and Technology made the following rulings:
The portable chain-saws bearing trademark “HUSQVARVA, Figure” was completely identical to the
protected trademark of Husqvarna Aktielolag. The Right Holder Representative confirmed that these were
trademark counterfeiting goods, the representative of Kim Hung Engineering Center also admitted that those were
not directly supplied by Husqvarna Aktielolag to the market and Kim Hung Engineering Center was not an
authorized distributor of portable chain-saw products for Husqvarna Aktielolag.
Thus, keeping in storage for sale the portable chain-saw product bearing trademark “HUSQVARVA,
Figure” identical to protected trademark “HUSQVARVA, Figure” without permission of either the Trademark
holder or his/her nominee constitutes an act of trading of counterfeiting products, and therefore violating the
provisions of point (c), clause 1, Article 15 of Decree 106/2006/NĐ-CP dated 22 September 2006 on dealing with
administrative offences in the industrial property sector.
On 24/6/2009, the Chief Inspector of the Ministry of Science and Technology issued Decision 33/QĐ-TTra
to impose an administrative penalty on Mr. Nguyễn Quốc Hưng – the business owner of Kim Hung Engineering
Center which included a fine of VND 2,400,000, confiscation for non-commercial use of the 2 chain-saws bearing
trademark “HUSQVARVA, Figure” being protected in Vietnam for Husqvarna Aktielolag.
>> Notes:
“HUSQVARVA, Figure” trademark on the chain-saw product displayed for sale by Kim Hung Engineering Center
is toally identical to the protected trademark of Husqvarna aktielolag. This product is not supplied by the original
firm and Kim Hung Engineering Center was not an authorized distributor of portable chain-saw products for
Husqvarna Aktielolag.