Court Rejects Garnier Appeal

The case lodged by Paris Garnier Research Center (Garnier) challenging Trademark Review and Adjudication Board(TRAB) under SAIC was rejected by Beijing No.1 Intermediate Court recently.

Garnier applied for "Aqua Defense" as a registered trademark in December 2005, which used on perfumes, toilet water, cosmetics. TRAB took the view that "Aqua Defense" referred to a description of function which was not distinctive enough as to qualify as distinguishable. Garnier asserted "Aqua Defense" was a unique term with high sophistication and popular use.

The court held that there was no exclusive corresponding between Garnier and "Aqua Defense". The decision by the TRAB was upheld.