In a decision that underscores China’s evolving jurisprudence on well-known trademarks, the Beijing High Court ordered the invalidation of a copycat mark piggybacking on the globally renowned “MICHELIN” brand, despite being registered in a non-competing class. The ruling, selected to be included in the Top 10 Judicial Cases on Trademark Granting and Affirmation in 2024 by the Beijing courts, is a living example of the Chinese judiciary endeavor in protecting trademark reputation against dilution and unfair association in China.

The INSTITUT NATIONAL DE L'ORIGINE ET DE LA QUALITE (INAO) is a public administrative institution in France, with civil personality, under the supervision of the Ministry of Agriculture and Food Sovereignty of the French Republic. The INAO is responsible for the implementation of the French policy on the official signs of identification of the origin and quality of agricultural and food products, including appellation d'origine contrôlée (AOC), protected designation of origin (PDO), protected geographical indication (PGI), traditional specialty guaranteed (TSG), label rouge (LR) and organic farming (agriculture biologique, AB).

Pétrus is a world-renowned French wine estate located in Bordeaux’s ‘Pomerol’ appellation. Known for producing one of the most prestigious and sought-after wines in the world, it is particularly famous for its exceptional Merlot-based wine, which has been deemed as one of the top wines in the world.

China has witnessed a significant decline in trademark filings and registrations over the past few years. Declining trademark numbers between 2021 and 2023 have raised questions about the underlying causes and the ramifications for brand owners. Understanding these changes is crucial for businesses looking to navigate the country’s evolving trademark landscape.

Under the exhaustion-of-rights principle, once an IP-protected product is sold, the IP owner's exclusive rights over that specific product are exhausted. In other words, once a product legally enters the market under a registered trademark, the trademark owner loses any right to prevent any following sales of the product.

The Beijing IP Court has held up the China National IP Administration (CNIPA)’s decision to invalidate the marks of a Chinese agricultural company due to it piggybacking on the reputation of a French sign used to certify high-quality products.

In September 2024, the China Trademark Association published a list of landmark trademark cases – administrative and judicial – from 1994 to present. The latest case on this list is an administrative penalty decision made by the Shanghai Administration for Market Regulation (SAMR) on a local car-rental company. The SAMR found that this organisation had replaced the rented cars’ original logos with that of Rolls Royce and was advertising them as luxury vehicles to be used for weddings. The administration held that such commercial use constituted trademark infringement as provided by Article 57(7) of the Trademark Law, namely “causing other damage to the registered trademark of others”.

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of 15 April 1994 defines Geographical Indications as “ … indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin".

The Dakar Rally, often referred to simply as “The Dakar,” stands as one of the most gruelling and legendary events in motorsport history. Held annually, the Dakar Rally is known for its extreme challenges and the rugged endurance required of both vehicles and competitors. The Dakar Rally was conceived by French motorcycle racer Thierry Sabine. The inaugural rally, known as the Paris-Dakar Rally, took place in 1978, starting in Paris, France, and ending in Dakar, Senegal.

Hermès is a prestigious French luxury fashion house founded in 1937, with ladies’ handbags being one of the best-selling products of the company. The trade dress of the Kelly and Birkin handbags, as the representative designs in the industry, are widely loved by consumers.

Del Monte Foods is a leading American food production and distribution company based in California. It is known for its popular brands like Del Monte, S&W, and Contadina. The company was founded in 1886, and the Del Monte brand was officially introduced in 1892. In 1916, the predecessor company, California Packing Corporation, also known as Calpak, which was formed through a merger of four large California canning companies, rebranded itself as Del Monte Corporation. The company began marketing its products under the Del Monte brand and expanded its operations to include canneries in various states and overseas.

Del Monte Foods is a leading American food production and distribution company based in California. It is known for its popular brands like Del Monte, S&W, and Contadina. The company was founded in 1886, and the Del Monte brand was officially introduced in 1892. In 1916, the predecessor company, California Packing Corporation, also known as Calpak, which was formed through a merger of four large California canning companies, rebranded itself as Del Monte Corporation. The company began marketing its products under the Del Monte brand and expanded its operations to include canneries in various states and overseas.