Case Brief
The third party in the original trial, Jishou City Jingguo Technology Promotion Station, applied for the registration of trademark No. 15887938 "湘西黃金茶" (hereinafter referred to as the "disputed trademark"). The plaintiff in the original trial, Baojing County Tiancheng Huang Jin Cha Production and Marketing Professional Cooperation Association (hereinafter referred to as "Tiancheng Association"), as the authorized licensee of the cited trademark No. 8532976 "保靖黃金茶 BAO JING HUANG JIN CHA and device" (hereinafter referred to as the "cited trademark"), considered that the disputed trademark and the cited trademark overlapped in terms of trademark marks, approved goods for use, scope of origin, etc., and that the application for registration of the disputed trademark violated the registration standard of "geographical indication certification trademark" in Article 16 of the Trademark Law 2013. As one of the petitioners for invalidation, Tiancheng Association was not satisfied with Shang Ping Zi [2019] No. 267403 restating Regarding No. 1480 Ruling on the Request for Invalidation of Trademark No. 15887938 "湘西黃金茶" issued by the China National Intellectual Property Administration, and filed a lawsuit with the Beijing Intellectual Property Court.
During the first instance trial, the right holder of the cited trademark, Baojing County Tea Industry Development Office, canceled the trademark usage authorization license for Tiancheng Association.
After the trial, the Beijing Intellectual Property Court held that, although the establishment time of the core evidence on record was later than the application date of the disputed trademark, the facts as studied can prove that the quality of the series of Huang Jin Cha trial products has been recognized in all counties and cities in Xiangxi in addition to Baojing County. Meanwhile, the Jishou Jingguo Promotion Station submitted the "湘西黃金茶" geographical indication certification trademark usage management rules during the trademark application for registration and invalidation stages, as well as the relevant evidence that it was authorized by the Xiangxi Prefecture government to apply for registration of the disputed trademark and act as the quality standard supervision and management agency to entrust the Xiangxi Prefecture Quality Supervision and Management Bureau as the product testing unit for the disputed trademark. Combined with the facts stated in other papers on record, it can be determined that the application materials of the Jishou Jingguo Promotion Station regarding the delineation production area and quality management of the disputed trademark meet the relevant requirements and quality control standards of the geographical indication certification trademark. Although there is an overlap in the coverage of production areas between the disputed trademark and the cited trademark, both geographical indication certification trademarks have their own usage management rules and quality control systems. Therefore, the application for registration of the disputed trademark does not violate the provision of Paragraph 2, Article 16 of the Trademark Law 2013.
Tiancheng Association was also dissatisfied with the first-instance judgment and appealed to the Beijing High People's Court.
Review of the Second Instance Situation
The Beijing High People's Court found in the second instance that the Baojing County Tea Industry Development Office, as the right holder of the cited trademark, had requested invalidating the disputed trademark in 2018 based on Article 16 of the Trademark Law 2013 and other legal provisions. The Beijing Intellectual Property Court has issued an Administrative Judgment (2019) Jing 73 Xing Chu No. 6928, stating that the evidence on record is insufficient to prove that the application for registration of the disputed trademark violates the relevant legal provisions and has upheld the registration of the disputed trademark. The Judgment has now come into effect. In the aforementioned Administrative Judgment No. 6928, it is clearly recorded that there are evidence contents and related historical situations regarding the Jishou Yearbook, and Journal of Tea Communication, etc.
Beijing High People's Court held, according to historical records, as follows: Firstly, although the "Huang Jin Cha" in this case originated in present-day Baojing County, there are many ancient tea gardens along the Huang Jin Cha ancient road, which passes through many counties and cities in the Xiangxi Tujia and Miao Autonomous Prefecture.
Secondly, the evidence on record can prove that since 2009, the Huang Jin Cha species have been introduced to Jishou City by exporting tree species and other means. Furthermore, evidence and explanations such as the Jishou Yearbook corroborate this, with entries in the Jishou Yearbook from 2012 to 2014 describing the Huang Jin Cha as "湘西黃金茶(Xiangxi Huang Jin Cha)". Since 2009, the cultivation of Huang Jin Cha has gradually expanded from Baojing County to counties and cities such as Jishou and Longshan under the jurisdiction of Xiangxi Tujia and Miao Autonomous Prefecture.
Thirdly, the Huang Jin Cha products produced under the name "湘西黃金茶" can meet the prescribed quality standards, and after continuous cultivation and development through modern science and technology, they have formed their own characteristics and quality management system. The application for registration of the disputed trademark does not violate the provision of Paragraph 2, Article 16 of the Trademark Law 2013.
In summary, the second instance judgment upheld the original judgment of the first instance and rejected the appeal request of Tiancheng Association.
Typical Significance
This case is a typical one involving the recognition of geographical indication certification trademarks under Article 16 of the Trademark Law, and it provides certain reference significance for the trial of similar cases in judicial practice.