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Cognac fends off genericide attack in opposition proceeding

Facts The National Interprofessional Cognac Bureau (BNIC) is a French interprofessional organisation which develops Cognac and represents and defends the collective interests of professional winegrowers and merchants. In 2016 BNIC filed applications for the registration of the geographical indication (GI) collective trademarks COGNAC and 干邑 ( Cognac in Chinese) in Class 33. In 2018 such trademarks were preliminarily approved and published. Zhou Liangbo and Guangzhou Liu Fa Wine Co Ltd filed oppositions against the two trademarks, asserting that the applied trademarks had become generic names for brandy and were thus unregistrable. To rebut the opponents claims, BNIC argued that: Cognac and 干邑 were appellations of origin or GIs for French wine, not common names for brandy wine, so they were distinctive;

The China trademark cases you need to know about

Wanhuida Intellectual Property partners Huang Hui and Paul Ranjard outline a number of important decisions addressing trademark refusal, oppositions and invalidations on relative grounds handed down in 2020.

China s Top 10 Cases of Administrative Trademark Adjudication

Wednesday, May 5, 2021 On April 26, 2021, China’s National Intellectual Property Administration (CNIPA) released the Top Ten Cases of Administrative Trademark Adjudication (2020年度商标行政保护十大典型案例).  Administrative adjudication in China is an alternative to conventional civil litigation and can be quicker and less expensive than litigation. That said, generally only fines and injunctions are issued in administrative enforcement actions.  Those seeking damages should file litigation at a People’s Court instead or in addition. The following are approximate translations of the summaries of the cases and expert comments as published by CNIPA.  The original text (Chinese only) is available here: 2020 年度商标行政保护十大典型案例. Case 1 Maanshan Market Supervision and Administration Bureau of Anhui Province investigated and dealt with the case of infringement of the exclusive right to use “

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