Organisation: Lenzing

Combatting genericisation through civil action in China

Steve Zhao and Lily Dong of GEN Law Firm highlight the strategies and legal remedies available to brand owners seeking to prevent the genericisation of their trademarks in China, including an innovative approach demonstrated in two recent milestone cases.

11 May 2023

Loss of distinctiveness after registration does not necessarily lead to cancellation

The Beijing Higher People’s Court has ruled that the registered trademark MODAL could not be cancelled based on facts that had occurred after the registration. Lenzing AG had requested the cancellation of the MODAL mark on the grounds that 'modal' had become the generic name of a fibre raw material.

23 January 2012