Recently, Beijing High People’s Court made a final decision that the trademark in question is lack of distinctiveness, and The French Champagne Perrier Jouet S.A（as Perier Jouet) fails to approve that the trademark can distinguish the goods of a natural or legal person after massive use. So the court maintained the decision of Trademark Review and Adjudication Board (TRAB).

Perier Jouet filed No.6318971 trademark registration on Class 33 alcoholic drinks, but was rejected by the Trademark Office under State Administration for Industry and Commerce (SAIC). The disgruntled Perrier Jouet then seek re- examination to the TRAB.

TRAB held that the trademark in question is a packaging graphics of designated products, which lack of distinctiveness and could cause confusion among the public. So TRAB decided to reject the registration. Then, Perrier Jouet brought the case to Beijing No.1 Intermediate People’s Court.

The Court held that the trademark has its unique feature, which can be applied for registration. So in the first-instance decision, the court revoked the decision made by TRAB. TRAB appealed to the Beijing High People’s Court. Then Beijing High People’s Court made the final decision.

(by Zhou Bo)

(Source: CHINA REPORT INTELLECTUAL PROPERTY)