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A landmark decision in a trademark case

By Cui Guobin | China Daily | Updated: 2018-05-12 07:03

On April 26, the Supreme People's Court re-adjudicated the Dior versus the Trademark Review and Adjudication Board case in a public trial. Dior had requested a territorial extension in China through the Madrid Protocol for the No 1221382 International Trademark Application, a 3D trademark registered for Dior J'adore water-drop shaped golden perfume bottle.

The Trademark Office of China treated Dior's trademark as a figurative logo and then rejected the application. Dior sought an administrative review, but the Trademark Review and Adjudication Board still regarded it as a 2D figurative trademark without inherent distinctiveness or acquired distinctiveness through use. Then Dior filed a suit against TRAB.

Petition for retrial in highest court

A landmark decision in a trademark case

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