"Red Shoe" Is Likely To Get A Trademark In China.

In addition to the sexy "red bottom hate high", Christian Louboutin in the past 10 years for its "

"Trademark rights protection experience" has become another hot topic that has been highly concerned by the industry.

According to the world clothing and shoe net, the judgment of the second instance of the administrative litigation of Christian Louboutin's dismissal of the "Red Shoe" trademark at the beginning of this year has been announced. Although the issue of whether the trademark is protected by the Trademark Law of China and its significance is clearly answered, it has also rejected the previous trial results. It is considered that the original judgment and the defendant's decision are wrong.

The case originated from the extension of the trademark territory extended by Christian Louboutin in China in 2010. However, at that time, the Trademark Review and Adjudication Board confirmed that the application for trademark was a graphic trademark. The court of first instance decided that the application trademark was a three-dimensional logo, while the court of second instance decided that the application trademark was a single color trademark with limited use. At present, the Trademark Review and Adjudication Board is reconsidering whether the "Red Shoe" conforms to the protection of the trademark law.

According to the eighth article of the newly revised trademark law of 2013, any mark that distinguishes the commodities of natural persons, legal persons or other organizations from those of others, including words, figures, letters, numbers, three-dimensional signs, color combinations and sounds, and the combination of the above elements, can be applied for registration as trademarks.

The Court emphasized that although the elements of trademark application in this case do not belong to the contents clearly listed in the eighth article of the trademark law, they have not been explicitly excluded from the mark that can be used as a trademark registration.

The lawyer of Christian Louboutin said that "Red Shoe" is a color that can be distinguished from other commodities in this clause, but the controversy is that the requirement is "color combination" rather than "single color".

Because of the particularity and reputation of "red bottom shoes" trademark, Zara and so on.

Or luxury brand Saint Laurent has borrowed this feature to design shoes.

Christian Louboutin was founded in 1992.

When the sign suddenly felt that her employees were wearing red nail polish, they painted red shoes of a pair of high-heeled shoes, and then developed into the most recognizable elements of the brand. They were attracted by celebrity celebrities such as Lady Gaga, Sarah Jessica Parker, Angelina Jolie, Kendall Jenner and Victoria Beckham.

After winning the market, Christian Louboutin entered the beauty industry by launching the same red lipstick and tested the children's shoes last year.

According to the latest news, Christian Louboutin also plans to open a hotel next year to better explain its favorite lifestyle.

It is certain that consumers will immediately associate Christian Louboutin with high heels with red shoes. However, because of disputes over whether the "red shoes" can be used as trademarks, the way of safeguarding Christian Louboutin's rights is not smooth.

According to public information, Christian Louboutin was first introduced in France in November 29, 2000, 3067674th shoe trademark application, but the "Red Shoe" trademark and brand in October 25, 2011 applied for "red shoes" are very different.

From the point of view of registration information, in 2000, the type of the trademark was a semi graphic trademark, also known as a composite trademark, while the trademark description only stated "red sole". In 2011, the type of the trademark was a graphic trademark. The trademark description stated that "the application trademark is special red (PANTONE 18.1663TTP) applied to the sole, and the outline of the shoe is not an integral part of the trademark". Its main purpose is to mark the trademark.

A location mark generally refers to a visual sign formed by a combination of three dimensional shapes, figures, colors, or elements in the specific location of the specified commodity.

Specifically, it is divided into three dimensions: location, location, logo, location, and location.

Because of the particularity and reputation of the "Red Shoe" trademark, whether it is Zara fast fashion or luxury brand Saint Laurent has borrowed this feature to design shoes, it will cause certain damage to the brand image of Christian Louboutin, and let the brand be determined to apply for patent extension protection in the world.

In April 7, 2011, Christian Louboutin filed a lawsuit against a federal court in Manhattan, New York, to prosecute the plagiarism of Saint Laurent, a luxury brand of Kai Yun group, asking the brand to stop infringement and claim millions of dollars.

In 2012, the federal appeals court of New York reconsidered the case and reconfirmed the legitimacy of "Red Shoe" as a trademark.

In 2016, the Swiss Confederation Administrative Tribunal rejected the application of Christian Louboutin and refused to list its "Red Shoe" as a trademark protected commodity.

In 2018, Christian Louboutin's road to rights protection finally won a stage victory. First, in May, the Paris High Court ruled that the patent rights of its "red shoes" were awarded. 1 months later, the trademark was finally recognized by the Supreme Court of the European Union. The court said that the trademark jointly constituted by red and shoe shaped was protected by EU law to a certain extent.

In February this year, the Hague District Court decided that the Christian Louboutin "Red Shoe" trademark was valid, and thought that Holland fashion retailer Van Haren infringed the trademark patent, demanded that Van Haren immediately stop selling its Fifth Avenue by Halle Berry series of red shoes, and pay the damages and litigation costs to the by.

Some analysts pointed out that although the "location mark" is not a legal trademark type in China, no matter what decision the trademark review board finally made, it means that the protection of Christian Louboutin has made further breakthroughs. At least, the court did not deny the existence of red shoe as a "location mark".

At present, Christian Louboutin has 17 stores in the Greater China region and has opened its exclusive official website.

As of press release, the spokesman did not respond to the decision.

More interesting reports, please pay attention to the world clothing shoes and hats net.