L'Oreal's Attack on Namesake Trademark Denied by Court

L'Oreal's Attack on Namesake Trademark Denied by Court

2009/8/28

Beijing No.1 Intermediate Court hands a defeat to French company L'Oreal, approving registration of the trademark 薇姿WEIZI filed by a person named Liao in March 1999 and challenged by L' Oreal.

L'Oreal has its 薇姿 trademark approved for registration by the Trademark Office (TMO) under the State Administration for Industry and Commerce (SAIC) on October 14, 1999. The class for use is Class III, cosmetics and body lotions. Liao filed for registration of 薇姿WEIZI to the TMO. This trademark also sought to be used on Class III goods, but different specific products of detergents and shoe shines.

L’Oreal asserts 薇姿 is Chinese translation of its original name Vichy, a term coined by L’Oreal. Vichy and 薇姿 are highly distinctive. The Court holds that though the Chinese words are the same in the two trademarks, their designated goods differ significantly in functions and uses. The two kinds of goods are not similar ones. The decision by the Trademark Review and Adjudication Board favoring registration of 薇姿WEIZI is upheld.

                                                                                   Source:China IP News     



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