“Liubao” trademark cancellation review case
Applicant for Revocation: Guangxi Laolaishou Liubao Tea Co., Ltd.
Respondent: Longchang County Mu Xing Food Factory
Trademark Information: 
Focus of the Case:
The disputed trademark "Liubao" has become a generic name for "tea" goods in its designated Class 30.
Liubao tea has a long history, originating in the Tang Dynasty and flourishing during the Ming and Qing Dynasties. It was an important commodity traded along the Maritime Silk Road. After the founding of the People's Republic of China, the Liubao tea industry experienced significant development, with production expanding to more than 20 counties and cities in Hezhou, Guigang, Hechi, Guilin, and Baise. "Liubao tea" enjoys high brand recognition in the tea industry, the Guangdong and Guangxi regions, and Southeast Asian countries. Due to historical reasons, relevant units and enterprises in Wuzhou City have not registered geographical indication trademarks or ordinary trademarks related to "Liubao" or "Liubao tea". A Sichuan enterprise, starting in 1996, successively applied for the registration of trademarks related to "Liubao" and "Liubao tea". Tea enterprises in Liubao Town can also use the name "Liubao tea". However, the registration of the "Liubao" and "Liubao tea" public brands by an out-of-town enterprise has an immeasurable impact on the development of the Wuzhou Liubao tea industry. Therefore, relevant departments and enterprises in Wuzhou City have repeatedly planned to reclaim the "Liubao" tea trademark, which originally belonged to the people of Wuzhou City. It is understood that Wuzhou had previously negotiated with a Sichuan enterprise to purchase the "Liubao" tea trademark. In 2012, they applied for the revocation of the "Liubao" tea trademark registration on the grounds that the Sichuan enterprise had not used the trademark for three years. In 2016, they requested the former State Administration for Industry and Commerce Trademark Office to declare seven tea trademarks, including "Liubao", invalid on the grounds that the applicant violated the principle of good faith. However, for various reasons, these attempts were unsuccessful.
On May 22, 2017, Guangxi Laolaishou Liubao Tea Co., Ltd., as the applicant, and represented by Guangxi Zhongbei Company, applied to the former State Administration for Industry and Commerce Trademark Office for the revocation of the registration of four trademarks—"Liubao liubao" (horizontal text with pinyin liubao below, registration number 1137381), "Liubao" (horizontal, registration number 11666669), "Liubao" (vertical, registration number 7992800), and "Liubao tea" (registration number 11666678)—on "tea" goods, primarily on the grounds that Liubao tea had become a generic name. In February 2018, the former State Administration for Industry and Commerce Trademark Office issued a decision to revoke the above four trademarks. The Sichuan enterprise, dissatisfied with the decision, filed an administrative lawsuit with the Beijing Intellectual Property Court on August 5, 2019, requesting the court to revoke the administrative decision of the State Intellectual Property Office. On April 27, 2020, the Beijing Intellectual Property Court issued a judgment dismissing the plaintiff's claim. The Sichuan enterprise, dissatisfied with the judgment of the Beijing Intellectual Property Court, appealed to the Beijing Higher People's Court on May 9, 2020. On November 26, 2020, the Beijing Higher People's Court issued a judgment that the disputed trademark "Liubao" had become a generic name for "tea" goods in its designated Class 30, dismissing the plaintiff's claim.
