- On 16 May 2025, the China National Intellectual Property Administration (CNIPA) announced its 2024 Top Ten Trademark Opposition and Review Cases. Among them was the opposition case concerning trademark application No. 70283061 for L’OIE DES LANDES. This case stands out as a prime example of China’s commitment to equally protecting foreign geographical indications (GIs), reflecting its efforts to foster a fair and transparent business environment in line with international norms.
- Background of the Case
- On 18 March 2023, Shanghai Lennyu Trading Co., Ltd. applied to register the mark “L’OIE DES LANDES” in Class 29, covering goods such as “meat; fish (not live); canned cooked meat”. The application was challenged on 7 September 2023, by the French National Institute of Origin and Quality (INAO), the official body responsible for the management of GIs in France.
- The opponent submitted extensive documentary evidence to support its claim, including:
- 1) French Ministry of Agriculture, Food and Forestry Official Bulletin No. 26-2015,
- 2) EU publications from 2000 and 2015,
- 3) Official Journal of the European Communities from 1996.
- These materials demonstrated that names such as “CANARD À FOIE GRAS DU SUD-OUEST” (covering subregions including Chalosse, Gascogne, Gers, Landes, Périgord, and Quercy) and “VOLAILLES DES LANDES” are protected geographical indications for foie gras and poultry products from the southwest of France.
- “Landes” is a French geographic name referring to the Landes department in southwestern France, a region internationally renowned for its production of foie gras and high-quality poultry, especially ducks and geese. In French, “l’oie” means “goose,” and thus the overall meaning of “L’OIE DES LANDES” may be interpreted as “Goose of Landes” or “Landes Goose.” This name evokes a direct association with the protected GI products from the region.
- CNIPA’s Decision
- On 26 August 2024, CNIPA issued its ruling, rejecting the registration of the opposed mark, based on the following grounds:
- 1) The mark “L’OIE DES LANDES,” by incorporating the name of a well-known French geographic region associated with high-quality poultry, especially geese, creates a strong implication of origin.
- 2) The applicant has no connection with the Landes region or any of the protected GI products, making the mark misleading to consumers.
- 3) If allowed to register and use the mark on “meat” or related goods, the public is likely to be misled regarding the origin and quality of the goods.
- 4) Even for other designated goods, the use of the mark may cause confusion about product type or source.
- The decision relied heavily on:
- + Article 10(1)(7) of PRC Trademark Law, which prohibits registration of marks that are deceptive or misleading as to product quality or origin.
- + Article 16(1), which bars registration of geographical indications when the goods do not originate from the named place and may mislead consumers.
- Comment
- This case exemplifies China’s increasing commitment to the robust protection of foreign GIs, in line with its obligations under bilateral and multilateral agreements - most notably, the EU-China Agreement on Geographical Indications. The CNIPA’s refusal to register a mark that falsely suggests a geographic origin demonstrates a clear and consistent enforcement policy: foreign GIs will not be misappropriated through trademark applications lacking authentic regional connection. For global rights holders, the ruling is particularly reassuring. It confirms that China is actively safeguarding foreign GIs value through administrative actions.