Background
Facts
Decision
Comment
In a judgment rendered on 22 February 2022, the Beijing Intellectual Property Rights Court affirmed that CHAMPAGNE, as a geographic indication (GI) and collective mark, held well-known status in China and granted it cross-class protection.
Champagne is recognised worldwide as a famous GI. Produced only in France's Champagne wine region, the sparkling wine is protected as a GI under the rules of the appellation. The Comité Interprofessionnel du vin de Champagne (CIVC) represents all parties (eg, growers, wine houses, cooperatives and merchants) involved in the production of Champagne. One of the organisation's responsibilities is to protect the GI globally. In China, CIVC owns the GI and collective mark CHAMPAGNE (No. 11127266) and its Chinese characters 香槟 (No. 11127267).
In 2020, CIVC discovered that Guangzhou Xue Lei, a Chinese cosmetic company, had launched a perfume called Champagne Life (香槟人生).
CIVC was concerned not only that Guangzhou Xue Lei was intentionally benefitting from Champagne's reputation in the marketplace, but also that its use of Champagne Life weakened the GI's distinctiveness. CIVC therefore filed a lawsuit in April 2020(1) against Guangzhou Xue Lei, claiming the cross-class protection of its well-known trademark.
The Beijing Intellectual Property Rights Court rendered its first-instance judgment on 22 February 2022, affirming that CIVC's GI and collective mark held well-known status in China and granting it cross-class protection. In its judgment, the Court made clear that the Champagne GI has two special characteristics that give it well-known status:
- It had been in use as a GI for many years.
- CIVC's members (eg, Dom Pérignon, Moët & Chandon, Perrier-Jouët, and Veuve Clicquot) used the trademark commercially (as opposed to CIVC, the trademark holder).
When examining the reputation of the GI collective mark, it was necessary to consider the reputation of CIVC's members as well as the previous reputation of the GI prior to the registration of its GI trademark.
This is the first time a foreign GI and collective mark has been granted cross-class protection as a well-known trademark in China. The judgment indicates that the Chinese courts are leaning towards acknowledging the commercial value of GIs in granting well-known protection. Guangzhou Xue Lei filed an appeal in April 2022, and it remains to be seen whether the court's judgment will stand.
For further information on this topic please contact Wei He at Wanhuida Intellectual Property by telephone (+86 10 6892 1000) or email ([email protected]). The Wanhuida Intellectual Property website can be accessed at www.wanhuida.com.
This article was first published by INTA.
Endnotes