A Case Study of VON DUTCH (Ⅱ)

Date26 January 2018
Published date26/01/2018
Subject MatterIntellectual Property
2020/11/25 A Case Study of VON DUTCH () | China Law Insight
https://www.chinalawinsight.com/2018/01/articles/intellectual-property/a-case-study-of-von-dutch-/ 1/4
A Case Study of VON DUTCH ()
By King & Wood Mallesons on January 26, 2018
By Lin Jiuchu, Zhang Jiaqi and Xu Huiwen King & Wood Mallesons’ IP group
Case profile
On 10 June 2015, ROYER BRANDS INTERNATIONAL S.A.R.L. (“Royer”) filed an
application with the PRC Trademark Office (“CTMO”) to register trademark No. 17165854
” for designated goods in Class 14. This class includes unprocessed and semi-
processed precious metals, jewelry boxes, sleeve buttons, cufflinks, jewelry, watches and
so on.
The CTMO refused the application on the grounds that “Dutch” means “of the
Netherlands”.[1] Under Chinese law, names of foreign countries are not permitted to be
used as trademarks. Royer appealed the CTMO’s decision to the Trademark Review and
Adjudication Board (“TRAB”). TRAB dismissed the application on the grounds that “the
word part of the trademark ‘VonDutch and Design’ implies ‘from the Netherlands’, and
may mislead the public as to the place of origin of such goods when designated for use
on goods including jewelry. Therefore the trademark application is prohibited under Article
10.1.7 of the PRC Trademark Law”.
Royer then initiated administrative litigation. After hearing the case, the Beijing Intellectual
Property Court found in favor of Royer and overturned the decision of TRAB. TRAB

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