Tsingtao Brewery Co., Ltd. ("Tsingtao Brewery") filed
an application for the mark "
" on "Beer, Water [beverage],
Non-alcoholic preparations for making beverages," etc. in
class 32 in January 2021. The CNIPA rejected this application
holding that the sign should not be registered or used as a
trademark because the word "TSINGTAO" is a city's
name in China whereas the mark as a whole does not form a meaning
distinguishable from the city's name.
Tsingtao Brewery appealed the CNIPA decision to the court, and the Beijing IP Court held that:
The term "TSINGTAO" in the Disputed Trademark is usually translated as "Qingdao," which is a city's name in China. But at the same time, it is also an important part of Tsingtao Brewery's trade name, trademark, and other signs used in commercial operations. Considering the evidence and Tsingtao Brewery's prior registration of series trademarks of "Tsingtao Beer in Chinese & TSINGTAO", it can be concluded that, when the Disputed Mark is used for beer and other designated goods, the relevant public can establish a relationship with the series of products produced by Tsingtao Brewery by using the word "TSINGTAO". The Disputed Mark also has other elements and artistic design, and the whole mark has other meanings which are different from the name of the place. Therefore, the Disputed Mark on the designated goods does not constitute as those marks identical with to a city's name under Article 10(2) of the Trademark Law.
The CNIPA was dissatisfied and filed a second instance to Beijing High Court, which affirmed the lower court's judgment.
The Disputed Mark has been published for preliminary approval and may finally secure registration after three years since its application date.
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