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IP Vietnam accepted the opposition of Musidor B.V. and promulgated a Decision on refusal of registration to the infringer due to its confusingly similar to the applied art work "The Tongue and Lips logo" by Musidor B.V. , which has been established and widely noticed according to Article 39.4(g) Circular No.01/2007/TT-BKHCN.

Meanwhile, the infringer was required to stop using the infringing trademark and Musidor B.V. successfully registered for trademark protection "The Tongue and Lips logo in Vietnam.

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The act of filing a trademark, using logo contains an image to the work of Musidor B.V designed for "Tongue and Lips" for commercial purposes of the owner (Vietnamese party) without permission from the author (Musidor) violates Musidor's copyright according to Article 39, Vietnam Intellectual Property Law.

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- Revised acts: The infringer’s trademark contains an image identical to the work “Tongue and Lips logo” by Musidor B.V., used for commercial activities without the permission of Musidor B.V and for “rental of temporary accommodation services; accommodation bureau services; restaurant services” in Class 43.

- Type of copyright: equivalent to the pre-established copyright for the trademark of the owner (Musidor N.V)

- Acts of infringing upon copyright: Use of a trademark that is confusingly similar to the applied art work of the owner, according to Article 39.4(g) Circular No. 01/2007/TT-BKHCN.

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- Subject matter: the “Tongue and Lips” logo designed by John Pasche, an artistic work, a mark.
- Legal status: the work is protected by copyright under Berne Convention 1886. The trademark for the logo was not yet registered in Vietnam at that time. John Pasche is the author and Musidor B.V. is the owner of the work.

- Rights entitled by author: to title the work, to attach name or pseudonyms to the work, to publish the work, to protect the integrity of the work.

- Rights entitled by owner: to reproduce the work, to make derivative, to display the work to the public, to communicate their works to the public, to distribute import, and lease.

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The Rolling Stones lips logo rolls out for the opening of the band's pop up store in Carnaby Street, September 2020. Picture: Steve Tulley / Alamy Stock Photo

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“Tongue and Lips logo”, designed by designer John Pasche in 1970, is protected by copyright under the Berne Convention 1886 for the Protection of Literary and Artistic Works. Musidor B.V., owner of the logo, has registered and protected the trademark for this logo in more than 50 countries around the world, but not registered yet in Vietnam. A party in Vietnam that had filed a trademark application containing the logo “The Tongue and Lips logo” had used the Logo for a hotel in Hanoi without the permission of Musidor B.V.

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IP rights holders should preserve evidence to prove that their work is protected by copyright under laws.

The owners of logos should consider protecting logos in both forms of copyright and trademark registration in Vietnam.

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A woman views artwork by John Pasche entitled 'Rolling Stones logo' in the 'Perfect Place to Grow' exhibition at The Royal College of Art 

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Musidor may have bought some material and also his "brain" in order to design the logo  for commercial usage in Literary and Artistic Works for "Tongue and Lips" only. It is also protected by copyright under the Berne Convention 1886. Therefore, the fact that the Vietnamese party used a trademark containing this logo led to extra fees to pay for Musidor, and also illegal use of another's intellectual property.