"慕司" Identified as Generic Name

The word Mousse's meaning in Chinese is custard and what is the translation of  Mousse in Chinese? Beijing Higher People's Court rendered its final decision on trademark registration of "Mousse".


Fujian Jinjiang Weili food Co., Ltd (Weili) applied for "慕司" as a registered trademark, during the publication period, Dongguan Xuji food Co., Ltd (Xuji) took the view the "慕司" was the English transliteration of the mousse and the generic name of milk products, fruit salad and jelly. The Trade Mark Office under the State Administration for Industry and Commerce then then denied the disputed trademark registration.


Weili then sought legal remedy for reversal before the Trademark Review and Adjudication Board (TRAB), also under the State Administration for Industry and Commerce (SAIC). TRAB held the evidence of submitted by Xuji failed to prove the trademark of "慕司" enjoyed high reputation and was widely used on the jelly and other products. TRAB then approved registration of "慕司" after deliberation.


Xuji brought the case to Beijing No.1 Intermediate Court Presented new evidences. The new evidence was admitted by the court for their value in offering consumers' understanding of the meaning of "慕司" the trademark, and the court identified "慕司" as generic name. So the trademark in was revoked. The disgruntled Weili and TRAB then appealed to the Beijing Higher People's Court, which would later make the decision above.

(China IP News)

2013-07-17