Jing Brand Co. v. Trademark Appeal Board of the State Administration for Industry and Commerce
China Supreme People’s Court
China Supreme People’s Court (2010)
- Written by Eric Miller, JD
Facts
Jing Brand Company, Ltd. (Jing Brand) (plaintiff), a well-known brand in China, applied for registration of a trademark consisting of the words “China Jing Wine” along with a visual design. In the proposed trademark, the word “Jing” was emphasized with a font that was larger and more prominent than the word “China.” Nevertheless, the application was rejected by the Trademark Appeal Board of the State Administration for Industry and Commerce (the board) (defendant), which cited a statutory provision against the use of the national name in a trademark. Jing Brand appealed the board’s rejection to the Intermediate People’s Court of Beijing, arguing that the word “China” was included only as an indication of the brand’s country of origin. The court held that the board’s rejection of Jing Brand’s trademark application was invalid. The board appealed to the Higher People’s Court of Beijing, which affirmed. The board then appealed to the Supreme People’s Court of China.
Rule of Law
Issue
Holding and Reasoning (Xia, Wang, Zhou, J.J.)
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