Beijing No.1 Intermediate People's Court recently ruled in favor of Guangzhou Yuanye Cosmetics Company in a trademark dispute case. The first instance court denied the Comite Interprofessionnel Du Vin De Champagne (CIVC)'s request for revoking the registration of CHAMPAIGN on Class 3 goods.

The Guangzhou Yuanye Company acquired the registration of the trademark in question in April 2002, certified for use on Class 3 goods, cosmetics and perfume. CIVC then sought rejection of registration in July 2002 on the ground of its similarity between CHAMPAIGN and CHAMPAGNE that may lead confusion to consumers.

The court held, though CHAMPAGNE was protected in China as a geographical indication, the CHAMPAIGN in question means plain or field in Chinese, and the registration of CHAMPAIGN would not infringe prior right of CHAMPAGNE in China and cause public confusion. So ordered.

(China IP News)