Trademark MOCCA Cancelled As Generic Name In China

In China, generic names shall not be registered as trademarks under Article 11 of the Chinese Trademark Law. If a trademark becomes a generic name or is later found to be a generic name, the trademark will be vulnerable to cancellation under Article 49. The application of this provision is well illustrated in a recent typical case where the Beijing High People's Court made a final ruling to cancel the trademark MOCCA in English and Chinese which is proved to be a generic name. I would like to introduce the case through this article.

• Case brief

In 2011, Ruichang Trading Co., LTD. ("Ruichang") filed an application for the trademark MOCCA in English and Chinese (stylized), No. 9199914, with the China National IP Administration (CNIPA), which was approved of registration in May 2012 in class 30.