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