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 Review and Adjudication of Trademarks


Review & Adjudication for the Trademark of “Ren Tou Ma Yi Kai, Hao Shi ZI Ran Lai” (When you open a bottle of Remy Martin, good things happen to you naturally)

Cause of Action:

French REMY MARTYIN Group Co. applied for registration for the trademark “Ren Tou Ma Yi Kai, Hao Shi ZI Ran Lai” (When you open a bottle of Remy Martin, good things happen to you naturally) to the Trademark Office. The Trademark Office had rejected the application on the ground of “This trademark belongs to the wording of advertising, it lacks distinctive characteristics and does not possess the feature of identification as a trademark”. The applicant was not satisfied with the decision and entrusted the agent of our Company for making an appeal in the Trademark Review & Adjudication Board (TRAB).

Facts:

The applicant, French REMY MARTYIN Group Co., is a worldwide well-known Winery. Since it was established in 1724, it has over 200 years history of operation. It is widely recognized by the people for its excellent quality of the products. Its products entered the China market long time ago. More and more Chinese consumers have been familiar with its wine, its REMY MARTIN mark and its device mark.

The applicant has used the subject mark in the past two decades or so, not only in the advertising, but also on the packages of the goods. Because the trademark mentions the famous mark REMY MARTIN, the people will relate the mark with the applicant and its wine when he sees the mark. It has plays a role of a trademark to identify the source of the goods, distinguish the goods with this mark from the other goods. Furthermore, because it is very easy to remember and spread, it has been on the lips of the public in China (including the public who don’t drink wine). As a trademark, it will be just linked with the REMY MARTIN wine and will not be confused with the other enterprise or the goods from the other enterprise. All of these have made the mark having extremely strong significance and having the function of distinguishing the source of goods.

We have provided the information of the propagation activities for this mark in Hong Kong, Shanghai, Guangzhou, Beijing, Tienjin, Chendu & other places. From the materials, it is easy to know the subject mark is used together with the registered marks of REMY MARTIN and the device mark of the applicant. It is not just advertising, it has the function of a trademark.

In summary, this mark possesses the characteristics of a trademark, and the application for registration should be approved.

Resolution:

The TRAB approved the subject mark as a registered mark in 1998.