Zhenjiang vinegar has sweet win on trademark

South Korean firm thwarted in its attempt to register popular name

After half a year of effort, the Zhenjiang Vinegar Association has prevailed in a cross-border wrangle after it defended its trademark from registration by a South Korean applicant.

The case began in June 2010 when the local association heard from a foreign client that a South Korean company had filed an application for the Zhenjiang Vinegar trademark in both Chinese and Korean.

The Korean trademark administration accepted the application and published a notice in April asking for objections. The notice expired on June 23, just weeks after the Chinese association became aware of the filing.

If the South Korean application was successful, it would have been a disaster for vinegar makers in Zhenjiang, Jiangsu province that are expanding production and gearing up exports.

About 90 percent of China-made vinegar exports now carry the Zhenjiang Vinegar brand - a valuable proprietary right, according to local authorities in Zhenjiang.

The day after learning of the filing, the association asked for help from the Sate Administration of Industry and Commerce (SAIC), the top administration for trademark affairs in China.

In response, SAIC suggested filing an objection and offered consultation to help analyze the case and find solutions.

Over the next 10 days, the association checked a host of materials, including records showing the historic roots of the Chinese trademark, and sought evidence that the trademark is protected both at home and abroad.

Other evidence included domestic and overseas sales figures over the past three years and advertising examples.

Just a day before the expiry date, the association filed an objection with the South Korean administration.

Recalling the pressing days and nights, Dong Min, director of the association's legal department, said "the tension was unforgettable".

At the same time, SAIC increased communication with its South Korean peer to offer more information about the trademark.

Their efforts paid off. The South Korean administration ruled in favor of the Chinese party and rejected the application.

It was the first case for a Chinese trademark dispute to be settled through international cooperation mechanisms since the nation signed agreements with more than 20 countries in 2009.

The association is now preparing to register the trademark itself in South Korea and gearing up to apply for the status of Chinese well-known trademark.

"Negligence in trademark registration will result in forestalling rightful application or counterfeiting, which will bring huge losses," said Wang Mingfa, the association's secretary-general.

To date, the Zhenjiang Vinegar trademark has been registered in nearly 10 countries.

China Daily

(China Daily 01/05/2011 page17)