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NaPa Valley vintners won trademark case in China

2016年09月21日 10:36:17


Beijing Higher People’s Court made the final judgment on the trademark administrative case in which American Napa Valley Vintners sued the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce. The court revoked the first-instance rule and order TRAB to make new decision.

On February 6, 2005, Napa Valley Vintners filed trademark registration for No.4503959 NAPA VALLEY 100% and its figure, and was registered on December 28, 2007. The trademark was certified to be used on Class 33 products. On May 18, 2005, Zhejiang Zhongshang Investment Company filed trademark registration for No.4662547 螺 旋 卡 帕 SCREW KAPPA NAPA, certified to be used on Class 33 products.

During the opposition period, Napa Valley Vintners filed an opposition to the Trademark Office (TMO). On June 18, 2013, TMO approved the registration of the trademark in dispute. Napa Valley Vintners then brought the case to Beijing No.1 Intermediate People’s Court.

After hearing, the court held that, the distinctive part of trademark in dispute shall be 螺 旋 卡 帕 for Chinese consumers, and its English part has very distinctive difference from the cited trademark, which could not cause confusion among the public. So the court maintained the decision made by TRAB. The disgruntled Napa Valley Vintners then brought the case to Beijing Higher People’s Court.

Beijing Higher People’s Court held that although the trademark in dispute contains one of the English word of Napa Valley, the 纳 帕 and Napa are the distinctive part of the cited trademark. When the public saw the NAPA word on the wine products, they may link the trademark in dispute with 纳帕河谷(Napa Valley). So the court made the above judgment. (by Lv Keke)


(Source: CHINA REPORT INTELLECTUAL PROPERTY)


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