Well-known collective mark “Champagne”

“Champagne”, as the well-known wine producing region in France, has been protected as an appellation of origin since 1908. In 1941, the Comité Interprofessionnel du vin de Champagne (CIVC) was established and has functioned as an industry association for the management and maintenance of the wine industry in the Champagne region since then. The CIVC applied for the registration of “Champagne” and its Chinese translation “香槟” in Class 33 as collective mark in China in 2012. Both collective marks were approved for registration in 2013.

In February 2022, the Beijing IP Court determined in the trademark infringement dispute case between the CIVC and Guangzhou Xuelei Cosmetics Co., Ltd. (Guangzhou Xuelei) that “Champagne” and its Chinese translation “香槟” as GI and approved collective mark enjoy the status of well-known trademark in China and therefore enjoy a cross-Class protection. The use of “Champagne Life” and the translation “香槟人生” by Guangzhou Xuele on its perfume products and the packaging constitutes an infringement of well-known trademark.

The Beijing IP Court ruled that Guangzhou Xuelei, as the manufacturer, shall stop producing the infringing goods and compensate the CIVC for economic losses and reasonable expenses totaling 210,000 RMB. The second defendant in this case, Beijing Yalishadi Cosmetic Co., Ltd. (Beijing Yalishadi), as the seller, was able to prove that the infringing goods it sold were legally obtained from Guangzhou Xuelei. The Beijing IP Court ruled therefore that Beijing Yalishadi was not liable for the compensation but shall stop selling the infringing products and pay 10,000 RMB to the CIVC for reasonable expenses.

In this case, the court considered two aspects in the determination of the well-known trademark status of “Champagne” and “香槟”. First, as a collective mark, “Champagne” and “香槟” have proven its popularity through the use by various CIVC members and the goodwill accumulated therefrom. Second, since “Champagne” was used as a GI for a long time before it was approved to be registered as a collective mark, the reputation that received under GI protection shall be also extended to the collective mark. 
In response to the defendant’s defense claim that “Champagne” has become a generic name for “sparkling wine”, the court believes that the existing evidence cannot prove it and does not support such claim.

more: https://youtu.be/myGdrCv3nqs (video in German language)

 

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