Lessons to be learned from 'JIE BAI NA' trademark saga
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clpstaff &clp articlesRouseFrank Yu and Li [email protected]; [email protected] eight years of legal twists and turns, it seems that the Changyu Winery Group has managed…
After eight years of legal twists and turns, it seems that the Changyu Winery Group has managed to retain its rights to the 'JIE BAI NA' trademark – a word which was alleged to be the Chinese version of the Cabernet grape variety. There are lessons to be learned from the saga.
In June 2010, the Beijing High People's Court issued a decision in favour of the Changyu Winery Group, owner of the Chinese trademark 'JIE BAI NA', dismissing a revocation action in which it was claimed the mark was a generic descriptor for the Cabernet grape. The case has received much attention because of the many changes in opinion and the uncertainty and complexity that has been involved in retaining the rights to one trademark registration. In the course of both administrative and judicial processes, the 'JIE BAI NA' trademark has been registered, revoked and re-instated.
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