A landmark decision in a trademark case
On April 26, the Supreme People’s Court re-adjudicated the Dior versus the Trademark Review and Adjudication Board case in a public trial. Dior had requested a territorial extension in China through the Madrid Protocol for the No 1221382 International Trademark Application, a 3D trademark registered for Dior J’adore water-drop shaped golden perfume bottle.
The Trademark Office of China treated Dior’s trademark as a figurative logo and then rejected the application. Dior sought an administrative review, but the Trademark Review and Adjudication Board still regarded it as a 2D figurative trademark without inherent distinctiveness or acquired distinctiveness through use. Then Dior filed a suit against TRAB.
So, it is possible that when the applicant finally gets a refusal, the prescribed three-month time limit has nearly or already expired. In other words, the applicant may be unable to submit the required materials within the three-month timeframe, which is exactly what happened in the Dior case.
Since the refusal of the Trademark Office and TRAB to register Dior’s trademark due to the expiry of the three-month time limit violates due process, the Supreme People’s Court said the applicant’s procedural rights should be protected in conformity with international treaties. The decision is expected to improve the linkage between international trademark registration and domestic examination procedures.