Opposing the US enterprises’ registration of the ST25 rice trademark

In the past 10 days, the event that some US Enterprises (ENT.) registered for the ST25 rice trademark in the US has continuously attracted the attention of Vietnamese and international traders in the rice production, business and export industry. The ST25 rice variety is the pride of Vietnam, created and chosen by a group of scientists in Soc Trang province - Vietnam. At the World's Best Rice Competition, ST25 won first prize in 2019 in the Philippines and second prize in 2020 in the US.

It is expected that today (May 4th), the US Patent and Trademark Office (USPTO) will publish information about the ST25 trademark registration file of I&T Enterprise, Inc. - One of 4 US companies (with 5 records) registered for trademark protection of ST25 rice in the US. The parties can then raise their objection before and within 30 days after May 4th. If there are no objections or inconclusive opinions, USPTO will issue a trademark protection certificate for ST25 in the US.

Upon receiving the above information, Mr. Ho Quang Cua has hired a lawyer from an international law firm in the US with a representative office in Vietnam to assist Ho Quang Tri Private Enterprise to carry out the necessary procedures to oppose the US enterprises’ registration of the ST25 rice trademark in the US. However, Mr. Cua's family refused to disclose any details because it is related to common interests as well as information security.

According to information from the VAN, the Vietnam Trade Office in the US has recently exchanged a note with USPTO and declared that ST25 is the name of a rice variety, therefore the ST25 trademark cannot be grant protection right for anyone. USPTO has received and responded positively and acknowledged this issue.

It is known that recently, on April 22nd in Australia, a company has filed an application to the Australian Intellectual Property Office (IP Australia) to ask for trademark protection of the ST24 and ST25 rice.

The time to check trademark registration in Australia is about 3 - 4 months.