Two carriers in dispute over VietAir brand name

The private airline Vietjet Air has filed for brand protection, while state-owned Vietnam Airlines has received approval from the Prime Minister to establish an air carrier with a very similar name – Viet Air (with a space between ‘Viet’ and ‘Air’).
In early March 2010, Deputy Prime Minister Hoang Trung Hai signed a decision to let Vietnam Airlines establish a joint-stock air carrier named “Viet Air” based on the restructuring of the currently existing VASCO (the Vietnam Air Services Company). The plan was being considered and implemented by Vietnam Airlines when trouble erupted.
The brand “VietAir” has been chosen by Vietjet Air, which has filed for brand protection with the National Office for Intellectual Property (NOIP). Vietnam Airlines hurriedly sent a document to NOIP, requesting the office not grant the certificate on brand protection to Vietjet Air.
Vietnam Airlines said that since 1992, the air carrier has used “Viet Air” on some international air routes. Therefore, Vietnam Airlines was the first body to use it, well before the establishment of Vietjet Air.
Since the only difference between the names is a space, Vietnam Airlines fears that they will be mistaken one for another.
VnExpress quoted an NOIP official as saying that the name has not been granted to either enterprise. Vietjet Air filed for brand protection, but it has not been approved. As for Vietnam Airlines, the official explained, NOIP must consider the evidence to find if the air carrier used the brand in the past.
According to this official, similar disputes always occur. NOIP will make its final decision based on factors such as who filesdfor brand protection first, which enterprise is using the brand name and how popular the brand is.
This is the latest dispute between the national flag air carrier and the new comer. Several days ago newspapers reported that Vietnam Airlines has asked the Government not to approve an agreement for Vietjet Air to sell 30 percent of its stakes to Air Asia.
"With its plan to co-operate with Jetstar to form a cost-based alliance . . ., Air Asia’s investment in Vietjet is a big concern for Vietnam’s aviation market," wrote Vietnam Airlines to the Government.
The Ministry of Transportation has rejected Vietnam Airlines’ demand to prohibit Air Asia from buying a 30 percent in Vietjet Air, as there is no legal provision to prevent it.
There are seven air carriers in Vietnam, including three operational ones, Vietnam Airlines, Jetstar Pacific Airlines, VASCO and four other licensed private airlines, including Vietjet Air, Indochina Airlines, Mekong Aviation and Viet Air.
Indochina Airlines has halted flights after one year of operation. Vietjet Air plans to provide commercial flights in May. The other two, Mekong Aviation and Viet Air have not released any plans on providing commercial flights.