INDIVIDUAL ASSIGNMENT

Full Name: Dư Vũ Ngọc Linh

Class: IB1707-LOG

Company A is the owner of the trademark "STARBUCKS COFFEE and

device" registered for coffee products, coffee-containing beverages of
Class 30 and the services of coffee and refreshment shops of Class 43
under the Certificate of Trademark Registration No. 75523 issued on
September 28, 2006. The trademark is being protected in Vietnam.

Question 1. Company A discovered that Company B had already filed a

trademark application for "STARLUCKS TEA & JUICE and device" at the
Vietnamese National Office of Intellectual Property for tea and juice
products on August 20, 2019. From your own perspective, can the mark
"STARLUCKS TEA & JUICE and device" for tea and juice products be
registered?

* Some important points that need to be considered:

- Similarity of trademarks: The name "STARLUCKS" is very similar to
"STARBUCKS," both in appearance and sound. This similarity is likely to
confuse consumers, as they may assume that "STARLUCKS TEA &
JUICE" is related to or endorsed by Starbucks.
- Good/Service Similarity: Although Starbucks is primarily known for its
coffee, they also offer a range of other beverages, including tea and
juice. The overlap in product categories (beverages) increases the
possibility of confusion.
- Power of Original Brand: "STARBUCKS" is a famous and strong
brand. Strong trademarks are protected to a broader extent.
- Evidence of Actual Confusion: If there is any evidence that
consumers were confused by the mark "STARLUCKS," this would
provide strong support in resisting the registration of a new mark.
- Applicant's Intent: If Company B's intention is to capitalize on
Starbucks' established reputation, this may be a factor against
registering a new trademark.
=> Based on these points, the Vietnam Intellectual Property Office may
refuse to register the trademark "STARLUCKS TEA & JUICE and
device", due to the high possibility of causing confusion with the
trademark "STARBUCKS."

Question 2. How can Company A do to protect their legitimate rights

against Company B when Company B uses "STARLUCKS TEA &
JUICE and device" for tea and juice products?

* Company A can take these several steps to protect their trademark

rights:
- File an opposition: File an opposition to the registration of the
trademark "STARLUCKS TEA & JUICE and device" at the Vietnam
Intellectual Property Department. This objection should be based on the
possibility of causing confusion and diluting the value of their well-known
trademark.
- Restraining and Ceasing Letter: Send a restraining and desisting
letter to Company B, requesting that they stop using the trademark
"STARLUCKS." This letter should set out the legal basis for their claim
and the potential consequences of continued use.
- Trademark Infringement Lawsuit: If Company B does not comply
with the restraining order and cease and desist letter, Company A can
sue for trademark infringement. In this lawsuit, they will need to prove
that Company B's use of the trademark confuses consumers and
damages their brand.
- Create a Public Awakening: Company A could also engage in a
public awareness campaign to inform consumers of the differences
between genuine "STARBUCKS" products and "STARLUCKS" products
to minimize any potential confusion.
=> By taking these steps, Company A can protect their brand and
minimize the risk of consumer confusion caused by Company B's use of
a similar trademark.