The trademark BOW TIE device (IR No. 1112873) - a stylised version of the famous BUDWEISER BOW TIE device - was refused registration by the NOIP on the ground that it is a ordinary device which is non-distinctive under Article 74.2.a of the IP Law.
Recently, Lê & Lê successfully appealed the refusal based on the following grounds: (i) The subject mark is inherently distinctive and does not fall into the provisions as stipulated in Article 74.2.a of the IP Law. The subject mark is not a simple device but it is a stylized bow tie which has double lining; and (ii) The distinctiveness of the subject mark is not only inherent as mentioned above but also increased through being widely used and recognized worldwide and in Vietnam.