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ARTICLE · 16 APRIL 2023

[IP China] When Copycat Trademarks Meet Prior Name Rights

The CNIPA recently invalidated a copycat trademark for "CONSTANCE GUISSET" registered in China in class 20 on the basis of prior name rights.

ChinaIntellectual Property

The CNIPA recently invalidated a copycat trademark for "CONSTANCE GUISSET" registered in China in class 20 on the basis of prior name rights.

Constance Guisset is a French contemporary designer well known in the world of lighting and furniture design. In 2019, a Shenzhen based company, which is mainly engaged in the business of lighting and furniture distribution, filed an application to register the trademark "CONSTANCE GUISSET" designated to furniture goods. After the application is published, Ms. Guisset filed an opposition action but failed. The trademark was approved for registration in 2021.

Ms. Guisset then initiated an invalidation proceeding, submitting evidence to prove that there is a stable relationship between the designer and her name which has gained a certain degree of reputation in the furniture and home furnishing design industry; she also emphasized the facts that the counter party knows or should have known the designer's name

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