Ferrero Case (Distinctiveness As A Whole)

Ferrero International S.A.

v.

Montresor (Zhangjiagang) Food Co., Ltd. and Tianjin Economic-Technological Development Area Zhengyuan Marketing Co., Ltd.

(2006) Min San Ti Zi No.3

• Keyword: Distinctiveness as a whole
• Source: SPC's Guiding case No.47; SPC Gazette (Issue 6, 2008)
• Relevant provisions: Article 9 of the Provisions

Procedure

The plaintiff Ferrero International S.A. (Ferrero), which was established in 1946 in Italy, has produced and launched the "FERRERO ROCHER" chocolates since 1982. The "FERRERO ROCHER" chocolates began to enter the Chinese market in February 1984. Since 1993, Ferrero progressively increased the investment and promotion of the "FERRERO ROCHER" chocolates in China, which enabled the products to acquire a high degree of popularity and reputation.