Lacoste's crocodile mark revoked for
Bar raised on what counts as use of a trade
Trade mark squatters are a major problem for international
brand owners in China. Lawyers have consistently advised
clients of the need to register early and broadly to protect
their mark, but the recent revocation of French clothing brand
Lacoste's mark shows that active use and management of a mark
is also needed, alongside registration.
Lacoste received protection for its crocodile logo and
related marks in 2003 for class 16, which covers various paper
goods. In 2007, Jin Zhongneng filed for revocation of the mark
in class 16 due to three consecutive years of non-use. The
Trademark Office revoked the mark in 2009. The Trademark Review
and Adjudication Board (TRAB) reversed, finding that there was
evidence of use.
On Jin's appeal to the Beijing...