Case Brief

Opponent: Institut National de l’Origine et de la Qualité

Respondent: X Trading (Shanghai) Co., Ltd.

Main Grounds of the Opponent: The registration of the opposed trademark violates the provisions of Item (7) of Paragraph 1 of Article 10 and Paragraph 1 of Article 16 of the Trademark Law.

Upon examination, the Trademark Office held that the opposed trademark is designated for use on goods such as meat, fish (non-live), canned cooked meat, and others. The evidence provided by the opponent demonstrates that "VOLAILLES DES LANDES" (Landes Poultry) constitutes a geographical indication for French meat and poultry products. "LANDES" refers to the geographical name of a region in France, renowned globally as a major producing area of duck and goose foie gras. The Landes goose is a world-famous, high-quality meat goose breed. Through extensive media coverage in China, it has become well known to the relevant public. The opposed trademark, with its meaning of "Landes Goose" in French, bears a similar meaning to the aforementioned French geographical indication. The respondent does not originate from the said region, and the registration and use of the opposed trademark on meat and other goods are likely to mislead the public. Its use on other designated goods may also cause consumers to misidentify the product variety, origin, or other characteristics. In accordance with the provisions of Item (7) of Paragraph 1 of Article 10 and Paragraph 1 of Article 16 of the Trademark Law, the registration of the opposed trademark shall be refused.

Typical Significance

This case serves as a typical example of the accurate application of Paragraph 1 of Article 16 of the Trademark Law to provide equal protection for foreign geographical indications. It demonstrates the trademark authority's unwavering determination to foster a favorable business environment, combat malicious free-riding on the reputations of foreign geographical indications to mislead the public, and uphold an honest, credible, and orderly trademark registration system.

(Case Source: Typical Cases of Trademark Opposition and Review in 2024)