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Case Study No. 16647402 "Connick" Trademark Invalidation Case

Released Date: Sep 29,2022 Article Source: HUANZE
Case Study No. 16647402 "Connick" Trademark Invalidation Case

        Trademark in dispute:Connec
  Applicant's main reason: "Connick" is"COGNACThe corresponding transliteration of ","COGNAC"Is the name of origin of French grape distilled wine products/The geographical indication has been registered and protected in the EU, France and China as the name of origin and geographical indication. The trademark in question is a dispute over French designation of origin, geographical indication,COGNAC", easy to cause consumer confusion and misidentification. Request to invalidate the disputed trademark in accordance with Article 16 of the Trademark Law.
  The respondent submits that the evidence submitted by the applicant shows that"COGNACThe Chinese equivalent of "cognac" is "cognac", "Connick" is not "cognac"COGNAC"Corresponding Chinese translation, disputed trademark and"COGNAC"Has no direct relationship, does not infringe on its prior geographical indication name, request to maintain the registration of the disputed trademark.

       Ringser's view:In this case, although the respondent believes that the Chinese word "cognac" is"COGNAC"Corresponding to the Chinese translation, and in actual use, the applicant also will" cognac "and"COGNAC"With the exception of" Connick "as the aforesaid geographical indication"COGNAC"Should be included in the scope of protection. Finally applied trademark "Connick" was declared invalid. The typical objection in this case is that it points out that the protection of foreign geographical indications should not be limited to the official translation while ignoring transliteration and other translation forms, which provides effective legal protection for geographical indications and has positive significance for maintaining the reputation of geographical indications market, protecting the legitimate rights and interests of consumers, ensuring orderly market competition and optimizing the business environment.

Case study No16647402Case of invalidation of trademark

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