Remove the labels from the "fake" Cu Đơ (a type of Vietnamese candy) sold by Mr. and Mrs. Thư Viện.

The unauthorized use of the trademark "Cu Đơ Ông Bà Thư Viện" may result in an administrative fine of 25 million VND.

In January 2024, Mr. Phan Huu Cuong (residing in Cam Xuyen district), representing Mr. Dang Kim Thu - the owner of the "Cu Do Ong Ba Thu Vien" brand, filed a request with the Department of Science and Technology to handle the infringement of intellectual property rights. Specifically, the business owned by Le Thi Hai Yen (Cu Do Hieu Duc), with two locations at 624 Ha Huy Tap Street, Ha Tinh City (location 1) and on the bypass road in Cam Vinh commune, Cam Xuyen district (location 2), was illegally using the "Cu Do Ong Ba Thu Vien" brand to produce and sell Cu Do candy, causing damage to Mr. Dang Kim Thu and his family's business.

Remove the labels from the

On the morning of February 5th, a delegation from the Department of Science and Technology inspected and verified the contents of a petition alleging infringement of intellectual property rights regarding the trademark "Cu Đơ Ông Bà Thư Viện".

Despite Mr. Dang Kim Thu having previously submitted a petition to the People's Committee of Ha Tinh City, the People's Committee of Cam Xuyen District, and relevant departments and agencies requesting action against the infringement of the trademark "Cu Do Ong Ba Thu Vien," the Hieu Duc Cu Do establishment deliberately refused to comply, even printing new signs to advertise and attract customers.

At the time of inspection and verification by the Department of Science and Technology, the Hieu Duc Cu Do establishment presented business registration certificate No. 28I8005157 issued by the Cam Xuyen District People's Committee on April 10, 2019, for establishment 2; it could not present the required business registration certificate for establishment 1; and the establishments with signs bearing the name "Cu Do Cau Phu" had ceased trading goods and services under the brand name "Cu Do Ong Ba Thu Vien".

Remove the labels from the

The owner of Hieu Duc establishment 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 holding 3 plastic boxes labeled "Mr. and Mrs. Library," 1 cardboard box labeled "Mr. and Mrs. Library," and more than 50 "Mr. and Mrs. Library" labels (without products); facility 2 was still holding 1 box labeled "Mr. and Mrs. Library" (without products).

The business owner failed to provide legal documentation for the "Ông bà Thư Viện" (Ông bà Library) peanut brittle trademark or a contract transferring full ownership of the industrial property rights between the owner and the business owner.

Remove the labels from the

Ms. Le Thi Hai Yen removed all the "Mr. and Mrs. Library" trademarks she was currently possessing.

Ms. Le Thi Hai Yen shared that previously, the establishment produced and sold "Cu Do" candy under the brand name "Ong Ba Thu Vien" (Mr. and Mrs. Library). After the Department of Science and Technology issued Document No. 153/SKHCN-TTra dated February 1, 2024, regarding intellectual property rights related to the "Ong Ba Thu Vien" brand, the establishment stopped using the "Ong Ba Thu Vien" brand on its signboard and ceased producing and selling "Cu Do" candy under this brand. After hearing the explanation from the inspection team representative, the establishment recognized its violation and committed to immediately remove the infringing element.

Mr. Nguyen Xuan Kien, Chief Inspector of the Department of Science and Technology of Ha Tinh province, stated that this case shows signs of intellectual property infringement regarding trademarks, as the trademark was used without the owner's consent. A comparison of the structure, pronunciation, and form of the trademark on the boxes and labels reveals a match with the name "Ông bà Thư Viện" (Mr. and Mrs. Library) on Trademark Registration Certificate No. 455478 dated June 23, 2023, issued by the Intellectual Property Office to Mr. Dang Kim Thu.

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

Regarding the Hieu Duc facility specifically, the Inspectorate of the Department of Science and Technology of Ha Tinh province has issued a written warning and requested the owner to remove all "Ong Ba Thu Vien" (Grandparents Library) trademarks currently in storage; in case of repeat offense, the Department of Science and Technology will strictly handle the matter according to the law.

Duong Chien

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