On one side is Baojing Tea Industry Development Office (hereinafter referred to as Baojing Tea Office), which is located in the "hometown of famous tea in China", and on the other side is Jishou Jingguo Technology Promotion Station (hereinafter referred to as Jishou Jingguo Promotion Station), which is located in the "top 100 tea counties in China". The five characters of "Xiangxi Gold Tea" as geographical indications to prove whether the trademark registration is legal, the two have launched fierce disputes.
Recently, the Beijing Municipal High People's Court ruled to allow the Baojing Tea Office to withdraw its appeal, bringing the two sides to a conclusion15887938The trademark of "Xiangxi Gold Tea" (hereinafter referred to as the contested trademark) was finally maintained.
Ringser's view:This case involves the determination of the approximate geographical certification mark, which is different from ordinary trademarks. Besides the overall structure, appearance and call, the approximate judgment criteria of geographical indication certification mark should be based on whether it will cause consumers to confuse the source of goods. "Xiangxi" and "Baojing" in the cited trademarks, as the place names of administrative regions of upper and lower levels, play the role of indicating the origin of goods in the two trademarks, which is stronger than "gold tea" in the two trademarks. There have been precedents for the coexistence of similar geographical trademarks, such as Hangzhou Longjing and West Lake Longjing, "Wuhu rice" and "Nanling rice". In addition, the audience of tea products, especially high-quality tea products, has certain particularity, so they will have a more accurate cognition of factors such as producing area and production time, and pay more attention to the selection of tea brands. Finally, the court held that the two would not constitute confusion and misidentification, and "Xiangxi Gold Tea" could remain effective, and the interests of millions of tea farmers behind it were also protected. Welcome to contact Huanze company consultants for trademark related information!
CycloseThe company is committed to providing corporate audit, tax declaration, registration, annual inspection, tax planning, intellectual property and other services for domestic and foreign customers in Hong Kong, Singapore, Dubai and other regions. Efficient, rigorous, intimate service has been favored by many private enterprises, listed companies and large state-owned enterprises.