June 14

Dior's J'adore bottle finally becomes a brand in China

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Dior's J'adore bottle finally becomes a brand in China

After a legal battle lasting several years, the Supreme Court of China agreed to protect Dior's drop-shaped J'adore perfume bottle. It's a breakthrough for Chinese intellectual property.

I love it.the precious juice with the floral notes of Christian Dior, flaunts a bottle designed by Hervé Van der Straeten, known for his haute couture jewelry. Its stylized shape evokes a pure, golden drop. Its gold-circled neck also recalls the necks of Burmese giraffe women and Maasai necklaces. For its creator, "Gold symbolizes eternity, warmth, sunshine and sensuality. »

On April 26, 2018, Christian Dior has once again gone before the Chinese courts to defend the recording of his brand bottle. Her persistence is finally rewarded with a favourable decision.

Dior applies for registration of its bottle as a Chinese trademark

In the summer of 2015, the Chinese Trademark Office rejects the trademark application of the renowned French company. Indeed, the Chinese Office considered that the shape and design of the bottle did not meet the criteria for a trademark.

Dior does not allow itself to be appealed and forms an appeal to the Trademark Examination and Arbitration Board of the State Administration for Industry and Commerce. Without success.

Thereafter, Christian Dior takes legal action in 2016, then appeals in 2017, to no avail. Sun Mingjuan, the lawyer representing the Chinese Office, considers the bottle to be a common container for alcoholic liquids. According to him, it therefore has "no obvious specificity. »

Now, Christian Dior thinks his bottle is special. He is therefore making a final appeal to the Chinese Supreme Court.

 

The Supreme Court of China recognizes the distinctiveness of the J'adore bottle.

On April 26, on the occasion of the World Intellectual Property Daythe case Dior is undergoing a reversal.

Li Fengxian, Chinese lawyer from DiorThe perfume became popular among consumers after it entered the Chinese market in 1999. Many consumers could easily recognize it as one of the fragrances of Dior through the appearance of the bottle. It should [therefore] be considered as a trademark and obtain protection in accordance with Chinese laws. "He also points out that Dior holds since 2014 a world brand registered protecting its bottle with the World Intellectual Property Organization (WIPO). This anteriority is a positive argument to obtain the registration of the trademark in China.

The Supreme Court of China thus admits that the J'adore bottle is distinctive and can therefore be registered as a Chinese trademark. It thus overturned earlier decisions and applied for registration of Christian's trademark application. Dior.

This recent decision by the Chinese courts shows China's evolution in intellectual property. By resolving this dispute favourably at international stakes, the country is finally honouring international rules in this matter.


Tags

China, Dior, distinctiveness


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