CNIPA Invalidates Trademark of German Liquor's Copycat
2021-12-15
Borsam IP
China IP Today
The China National Intellectual Property Administration (CNIPA) on August 27 invalidated the registration of the trademark 野格哈古雷斯 owned by St. Laura (Qingdao) Industry Co., Ltd. (圣罗拉(青岛)酒业有限公司).
Prior to the CNIPA ruling, German liquor company Mast-Jägermeister SE filed a lawsuit against Qingdao St. Laura with the Beijing Intellectual Property court alleging it infringed its trademark rights. Mast-Jägermeister also filed an unfair competition lawsuit against the Chinese company with the Qingdao Intermediate People’s Court of Shandong province.
Jägermeister is a German digestif made with 56 herbs and spices and served in its signature green glass bottle. Mast-Jägermeister sold and marketed its products on the Chinese market with the trademark 野格.
Qingdao St. Laura filed an application for the registration of the trademark 野格哈古雷斯 with the CNIPA on August 26, 2020, which was granted afterwards. The trademark 野格哈古雷斯 registered by Qingdao St. Laura includes the trademark 野格 used by Mast-Jägermeister and stands a high risk of confusion with it in customers. Qingdao St. Laura sold and marketed liquor products similar to Jägermeister in packaging with the use of the trademark.