2017 Typical Trademark Cases Released by the Supreme People’s Court of P.R.C

• Author: Zhang Xiaoxia
• Published date: 29/05/2018
• Citation: jd0128
• Date: 29 May 2018
• Subject Matter: Intellectual Property

2020/11/17 2017 Typical Trademark Cases Released by the Supreme People’s Court of P.R.C | China Law Insight

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CHINA LAW INSIGHT

2017 Typical Trademark Cases Released by the

Supreme People’s Court of P.R.C

By King & Wood Mallesons on May 29, 2018

By Jiao Hongbin King & Wood Mallesons’ Intellectual Property group.

On April 19, 2018, the Supreme People’s Court of the P.R.C released top 10 IP typical

cases as well as additional 50 typical IP cases of the year 2017. We have summarized 19

out of the 22 trademark cases among them which involves the recognition of generic

name, the protection of unregistered trademark, fair use of a trademark etc., for your easy

reference.

Part I. Civil Cases

1. Fuzhou Rice Factory vs. Wuchang Jinfutai Agricultural LLC., Fujian Xinhuadu

Department Store Co., Ltd Fuzhou Jinshan Dajingcheng Branch., and Fujian

Xinhuadu Department Store Co., Ltd (Supreme People’s Court/(2016) Zui Gao

Fa Min Zai No. 374)

This case involves the relationship between a registered trademark and variety

denomination as well as the criteria for recognizing generic name.

The Supreme People’s Court (“SPC”) opines that the name of a species, i.e., a variety

denomination adopted by an administrative organization as pursuant to the administrative

regulation shall not necessarily be regarded as the generic name from the perspective of