Chivas Regal falls victim to bad-faith trademark filer
March 22, 2012 | BY
clpstaff &clp articlesBeijing Intermediate People's Court has rejected Chivas Regal's trademark infringement lawsuit against clothing company Chivas Regal 88. Along with the high-profile problems of Apple and Hermes, the case highlights the weaknesses in China's Trademark Law.
The PRC Trademark Law (中华人民共和国商标法) has come under fire again this year as the Court ruled against the Chivas Brothers, owned by Pernod Ricard, claiming insufficient evidence that a businessman only known as Wen, infringed upon its trademark.
Wen registered Chivas Regal 88 in 2003 as a trademark for garments, shoes, and hats. At the time, the Trademark Office rejected complaints filed by the whiskey distiller.
At present the Trademark Law does not make filing in bad faith a reason to invalidate trademark registrations. “This is one of the big loopholes,” said Howard Tsang, partner and head of Wilkinson & Grist's Beijing office. Tsang argued that the forthcoming amendments to the law should close this loophole, making it easier to oppose or cancel a mark.
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