The China’s Supreme People’s Court included the famous dispute over Dior’s three dimensional trademark for its water droplet-shaped bottle to a list of “Guiding” cases in China.
As it is well-known, Dior tried to register the following 3D trademark for fragrance in 2015 in China:
The Patent Office, however, refused to register this mark considering lack of enough distinctiveness. The submitted evidence for acquired secondary meaning was dismissed as insufficient. In the appeal the court upheld this decision.
The Supreme People’s Court, however, disagreed and annulled these decisions. According to the court, the Dior’s trademark has acquired distinctiveness throughout the years among the Chinese consumers based on its unique form and famous status.
Now this decision will be used as a guidance for all courts in the country in an attempt for harmonizing the practice regarding the protection of 3D trademarks in the China.
Source: The FashionLaw.
INTELLECTUAL PROPERTY PLANET 