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Parfums Christian Dior Co. v. Trademark Review & Adjudication Committee of the State Administration of Industry & Commerce of PRC

Guiding Case No. 114 (2018)

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Parfums Christian Dior Co. v. Trademark Review & Adjudication Committee of the State Administration of Industry & Commerce of PRC

China Supreme People’s Court
Guiding Case No. 114 (2018)

Facts

Parfums Christian Dior SA (Christian Dior) (plaintiff) held an international trademark depicting a perfume bottle wrapped in golden silk. Christian Dior applied for an extension of territorial trademark protection in various countries, including China. The Chinese trademark office rejected the application on the ground that an application for a three-dimensional trademark must be supported by a three-dimensional view of the shape, which Christian Dior had failed to include in its application. Christian Dior sought reexamination, noting that it had been unaware of Chinese application procedures. As part of its application for reexamination, Christian Dior included a three-sided view of the trademark. The Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (the board) (defendant) rejected the application for reexamination. Christian Dior appealed the rejection to the Beijing Intellectual Property Court and the Beijing Higher People’s Court, both of which ruled in favor of the board. Christian Dior then appealed to the China Supreme People’s Court.

Rule of Law

Issue

Holding and Reasoning (Tao, Wang, Tong, J.J.)

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Intellectual Property

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