That is Company T & <Global Foods Supply PTY LTD, address at 420 Victoria Rd Malaga, WA, 6090 Australia, filed on 22/4.
According to data posted on the website of the Australian Intellectual Property Office (IP Australia), the trademark of the business belongs to the group “Rice; Best rice of the world” (rice; the best rice in the world). IP Australia is in the process of checking and verifying the records of the business.
|Application file for protection of the trademark ST25 rice of T & <Global Foods Supply in Australia.|
Thus, there are 6 brands related to ST25 rice, 5 of which are in the US, applying for protection outside Vietnam.
Talking to VnExpress, Ms. Ngan Tran, Director of Maygust Trademark Attorneys (Australia) said that the time to check with trademark registration dossiers in this country is about 3-4 months. If the requirements are met, the intellectual property agency will issue a notice to accept the trademark and disclose the information to the parties, if so required, to object within 2 months from the date of publication. If not, the trademark will be officially protected.
|ST25 rice is sold at an agent on 3/3, District 10 on April 23. Photo: Quynh Tran.|
According to Ms. Ngan Tran, the situation that this trademark file can meet the protection requirements is not high, because ST25 is just a common name of the product. However, businesses need to prepare for the worst case scenario, where IP Australia assesses T & <Global Foods Supply’s records to meet the requirements to be protected under Australian trademark law. Thus, Vietnamese enterprises will have 2 months to object to the trademark if they do not want ST24 and ST25 rice to lose this market or depend on T & <Global Foods Supply.
In Australia, to object to a trademark, a company will have to file an Intent to Oppose Notice (a fee of 250 AUD per mark). Then, within one month of the filing date, the business must file the grounds of protest.
“Depending on the response of the petitioner, if the applicant ‘responds’, the parties will move on to the next stage of providing arguments, documents and evidence”, Ms. Ngan said.
If you do not file an objection on time, Vietnamese enterprises can still apply for an extension based on reasons such as errors, shortcomings of the representative company, IP Australia staff or force majeure conditions .. However, Ms. Ngan said, the extension will be very expensive, so businesses should comply with the specified time.
To register for trademark protection in Australia, the business is either directly registered with the IP through a company licensed in this country or through the Madrid international registration system that has designated to enter Australia.
According to Ngan, the advantage of registration under the Madrid system is cost savings in certain cases. However, businesses need to contact a licensed company in Australia for a representative to deal with if there is any problem with the trademark record. The costs incurred may now be higher than with the original direct application.
Usually the time for a trademark from registration to protection, if smooth as fast as 7-8 months. Enterprises can also request that their trademark records be “quickly checked” for reasons such as the trademark being involved in another lawsuit/case, so it is important to know the results otherwise it will seriously affect the business (for example, the competitor accidentally knows the trademark that the business has registered and has launched this branded product to the market first).
The service fee for trademark registration in Australia is about 600-1,000 AUD (about 11-18 million VND) per application. However, this cost may be higher depending on the number of trademarks, the nature of each profile.
Trademarks are protected by territory, so enterprises registered in Vietnam do not mean they will be protected in other markets such as the US and Australia. “Enterprises need to proactively apply for protection in the countries they need,” she stressed. Because, the initial investment cost to register in other countries is not large compared to the problems businesses will face if the trademark is stolen.
Source: ndh.vn – Translated by fintel.vn