Tag Archives: legitimacy

A Recorded High Objection to Mao Tai’s Trademark Application

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By Albert Chen

According to the report, the renowned white liquor distillery Mao Tai’s application of the “Guo Jiu Mao Tai” trademark is facing a recorded huge amount of objections. Since the announcement of its preliminary examination on 20th July, it has seen totaled 95 objections to the applied 4 marks within the 3-months publication. And the objectors have been more than 40 units or individuals. For the case, we once posted an essay on its analysis: “Will Alcohol Trademarks Implying Them the State Liquor Be Registered in China?” For more details of the analysis, please check today’s post.

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Will Alcohol Trademarks Implying Them the State Liquor Be Registered in China?

By Albert Chen:

By the latest trademark gazette of State Trademark Office of China on 20th July of 2012, “Guo Jiu Mao Tai”, which implies it the state liquor, has come through the preliminary examination and has been published. The news soon agitated the argument among the industry and academic circle, and other brewers like Feng Jiu (SSE:600809) and Luzhou Laojiao (SZSE: 000568) have all expressed their oppositions on it and planed to block the registration of “Guo Jiu Mao Tai”.

As retrieved on the state trademark website, I find it’s not the trademark’s first application. Early in 2011, the applicant China Kweichow Moutai Distillery Co., Ltd (the “Maotai Company”) tried to register the trademark, yet it was refused by the authority and the same for the follow on 5 applications. The current preliminarily approved marks are concentrated in Class 33, covering the fruit wine, Bitter, wine, aperitif, spirit, and alcohol beverage excluding beer, etc.

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Full Text of Judicial Interpretation on Anti-Monopoly Law of China Supreme Court

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The Supreme People’s Court issued Regulation on Several Issues Concerning the Application of Law in the Trial of Civil Cases arising from Monopolistic Conducts yesterday and the new judicial interpretation of Anti-Monopoly Law will take effect on 1st June, 2012. We have translated the Chinese version into English as follows:

Regulation on Several Issues Concerning the Application of Law in the Trial of Civil Cases arising from Monopolistic Conducts

To ensure the proper judgment of civil disputes arising from the monopoly, prevent monopolistic conducts, protecting and promoting fair competition in the market, safeguarding the interests of consumers and social public interests, this regulation is enacted according to the relevant regulations such as the Anti-monopoly Law of the People’s Republic of China, the General Principle of the Civil Law of the People’s Republic of China, the Law of the People’s Republic of China on Tort Liability, the Contract Law of the People’s Republic of China and the Civil Procedural Law of the Peoples Republic of China.

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