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& Hotpot


Dear Family, Friends, and Valued Customers,
I am making this post on behalf of Ăn Là Ghiền Restaurant (“the Company”).
With reference to the Facebook post made on 16 April 2024 made by Cherry Ho (“16 April Post”) attached in this post, the Company would like to clarify that Cherry Ho has no association whatsoever with the Company, and is trying to pass off her business as ours.
We have lodged a police report, and would like to clarify once again that neither Cherry Ho nor the bistro that she is claiming to open in the 16 April Post has any association with the Company nor any rights to use our name.
We are currently taking legal advice to protect our interest and will take steps to revoke their trademark for being registered in bad faith and as an attempt to passing themselves off as our restaurant.
The act of registering the trademark in bad faith and as an attempt to pass off as us is in breach of S8(5) and S8(7) of the Trademark Act 1998 (“TMA’) respectively.
S28(2) of the TMA states that:
“Despite section 27, a person does not infringe a registered trade mark by using an unregistered trade mark that is identical with or similar to the registered trade mark in relation to goods or services identical with or similar to those for which the trade mark is registered if the person, or the person and the person’s predecessor in title, have continuously used in the course of trade the unregistered trade mark in relation to those goods or services from a time before —
(a)​the date of registration of the registered trade mark; or
(b)​the date the proprietor of the registered trade mark, or a predecessor in title, or a person who was a registered user of the trade mark under the repealed Act, first used the trade mark,
whichever is the earlier.”
Therefore, we have neither infringed on their registered trademark nor have any of our rights been affected, as the Company has been using the name Ăn Là Ghiền before the date this trademark was registered. This is evident from the interview with The Sunday Times on 9 May 2021 proving that we have been using this name from at least the year 2021, and Trieu Thi Diem Hau only applied to register the trademark on 20 January 2024.
Yours sincerely,
Ăn Là Ghiền Restaurant

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