Type and quantity of evidence needed for recognition of well-known trade mark in China
China’s Guangdong High Court (and the Guangzhou IP Court as the first-instance court) just issued a trademark infringement decision for Land Rover based on well-known trademark recognition on 28 June 2017. Briefly, Jaguar Land Rover successfully sued a Chinese company using the “Land Rover” and “Land Rover (Chinese characters)” brand on vitamin sports drinks, based on its trademark registrations in class 12 on cars.
The key for this case is of course the recognition of well-known trademark status by the IP Court for Land Rover’s trademark registrations of Land Rover and its Chinese characters in class 12, so that cross-class protection is possible even for quiet dissimilar products (drinks vs. cars).
Below is a list of the detailed evidence submitted by Land Rover so right holders can have a better idea of the type and quantity of evidence needed for well-known trademark recognition in China.
- Auto exhibitions that Land Rover attended in China between May 2004 and June 2013;
- Media reports from around 50 different Chinese newspapers/magazines on the marketing and sales of Land Rover cars in China;
- Around 10 high-profile charity projects that Land Rover conducted in China;
- Around 80 awards and rankings that Land Rover received from various Chinese media and industry associations;
- Land Rover’s distributor list covering 130 cities around China;
- Deloitte’s audit report on the tax paid by Land Rover in China;
- Customs tax paid by Land Rover in China;
- 128 pieces of Chinese Customs clearance bills for importing Land Rovers cars into China;
- Notarised reports on the number of Land Rover cars sold each year between 2009-2012;
- Land Rover’s participation in the UK delegation led by David Cameron visiting China in 2014 and signing Land Rover car sales contract worth of CNY 4.5 billion.