Recently, Beijing No.1 Intermediate People’s Court made a ruling at the first instance in favor of Guangzhou Yuanye Cosmetics Company in a trademark dispute case. The Court denied the request of French Champagne Industry Committee for revoking the registration of “CHAMPAIGN” trademark in goods under Class 3.
The Guangzhou YUANYE Cosmetics Co., Ltd (hereinafter referred to as YUANYE Co.) obtained the registration of the disputed trademark in April 2002, and the mark was approved for use in goods of class 3 for cosmetics, perfume and so on. Then French Champagne Industry Committee filed a request to reject the “CHAMPAIGN” trademark in July 2002, on the ground that the mark "CHAMPAIGN" is the same source of "CHAMPAGNE (Champagne)” and its use in the cosmetics will lead confusion among the relevant public.
Latter, the court held that though CHAMPAGNE was protected in China as a geographical indication, “CHAMPAIGN” means plain or field in Chinese, so the registration of CHAMPAIGN would not infringe prior right of CHAMPAGNE in China nor cause public confusion. Therefore, the Court did not support the request of French Champagne Industry Committee and ruled that there was no trademark infringement taken.
