2014 Christian Dior registered its J’adore perfume bottle as a 3D trademark and also an international registered trademark. Following the Madrid Agreement and the Madrid Protocol, Dior applied a territorial extension protection in China through the international bureau of WIPO. The TRAB of the SAIC rejected the application on July 13, 2015 with the reason of lack on distinctiveness. Dior filed a application for review of the refusal, but was also rejected with the same reason. After that, Dior submitted a administrative case to the court against TRAB’s decision, but failed by first and second instance. At last Dior applied for retrial to the Supreme People’s Court. On April 26, 2018 the Supreme People’s Court of China brought in a verdict that Christian Dior won the trial in the administrative dispute with the TRAB about the review of refusal, the TRAB must re-review this trademark application.
A Chinese hotel named Beijing Lafeite Castle Hotel Co., Ltd. (Lafeite Hotel) in 2007 filed for the registration of the mark “拉斐特” (pronounced as “Lafeite” in Mandarin) for use on restaurant and hotel related services under Class 43, which the China Trademark Office (CTMO) approved for registration in 2015.
Château Lafite Rothschild (Rothschild), the producer of the globally famous wine brand “LAFITE” (“拉菲” in Chinese, pronounced as “Lafei” in Mandarin), filed for the cancellation of the disputed mark before the Trademark Review and Adjudication Board (TRAB) claiming that, as its prior registered trademarks “LAFITE” and “拉菲” (“Lafei”) designated for use on wine products have attained well-known status, the disputed mark “拉斐特” (“Lafeite”), which is similar to the mark “拉菲” (“Lafei”), may damage Rothschild’s interests.
[Note: according to Article 13 of the Trademark Law, well-known trademarks that are registered in China are entitled to cross-class protection to the extent that no mark that is a copy, imitation or translation of said well-known mark may be registered for use in whatever class of goods, if doing so may mislead the public or otherwise damage the interest of the registrant of the well-known mark.]
The TRAB however handed an unfavorable decision holding that the evidence adduced is insufficient to prove that Rothschild’s trademarks “LAFITE” and “拉菲” (“Lafei”) had attained well-known status in China prior to the registration of the trademark; meanwhile, since the restaurant services under Class 43 and the wine products are dissimilar, the disputed mark, as applied for use on restaurant related services, is unlikely to damage Rothschild’s interests. Continue reading “Lafite succeeds in cancelling ‘Lafeite’ used on hotel services” »