By Seven Liu
In a recent decision reflecting China’s growing commitment to the protection of international geographical indications (GIs), the China National Intellectual Property Administration (CNIPA) has refused registration of a trademark resembling the French geographical indication for Landes goose and foie gras.
The ruling sends a clear message: foreign geographical names with established reputation and GI status are off-limits for misleading trademark applications, even in a jurisdiction far from the original region. For rights holders and applicants alike, this case underscores the importance of respecting GI protections in trademark strategy.
The Trademark That Sparked Controversy
The disputed mark, filed by a domestic Shanghai-based trading company, contained the French term “L'OIE des LANDES” (“Goose of Landes”), and was intended for use on meat and processed food items in Class 29. The problem? Landes is not only a region in southwestern France known for its high-quality poultry, but also a registered GI for foie gras and duck products in both the EU and France.
While the applicant had no connection to the Landes region or any authorization to use this designation, it sought exclusive rights over a term closely linked to those protected GIs. This triggered a formal opposition by the French National Institute for Origin and Quality (INAO).
CNIPA’s Key Findings: Why the application was refused
Deceptive Trademark Use (Article 10(1)(7) of the Trademark Law)
The CNIPA held that the trademark could mislead consumers about the origin or nature of the goods. “L'OIE des LANDES” strongly implies that the products originate from Landes and conform to its recognized standards for quality and origin — a claim the applicant could not substantiate.
Unauthorized Use of a Geographical Indication (Article 16(1) of the Trademark Law)
Geographical indications are protected not merely as place names, but asindicators of a product’s quality, characteristics, and regional identity. The applicant, being unaffiliated with the French GI, failed to demonstrate any legitimate link to the region. This made the trademark inherently misleading and therefore unregistrable.
Harm to Trade and Consumer Trust
Approving such a mark would risk misleading Chinese consumers who increasingly associate foreign GIs with quality and authenticity. It would also unfairly hinder the entry of genuine GI-protected French products into the Chinese market.
The Broader Context: China–EU GI Cooperation
This decision comes against the backdrop of the China–EU Geographical Indications Agreement, which entered into force in 2021. The agreement offers mutual protection for 100 GIs from each side, including “Canard à Foie Gras du Sud-Ouest” (Southwest France Duck for Foie Gras) and “Volailles des Landes” (Landes Poultry), both of which are relevant to this case.
In fact, Chinese authorities had already included these names in their official GI pre-protection list as early as December 2022, strengthening the legal basis for rejecting misleading trademarks using these terms.
What this means for Trademark Applicants and Foreign Rights Holders
For Chinese and International Businesses:
Avoid applying for trademarks containing foreign GI terms unless you have a legitimate business connection to the source region and proper authorization.
Misusing GI-linked terminology, even unintentionally, can result in trademark refusal, reputational risk, and potential legal conflict with foreign rights holders.
For Foreign GI Rights Owners:
File for GI protection in China. This case illustrates how formal recordal with CNIPA can be a powerful enforcement tool.
Stay vigilant and monitor trademark filings that may attempt to exploit unfamiliarity with foreign GIs among local consumers.
The success of this opposition shows China is increasingly aligned with global GI standards and actively enforcing them in practice.
Conclusion: A win for honest branding and Global IP Trust
This case reflects a maturing trademark enforcement environment in China, that balances domestic IP regulation with international obligations and consumer protection. By refusing to approve the registration of “L'OIE des LANDES,” CNIPA has sent a strong message: geographical origin matters, and exploiting consumer trust in GI-labeled products will not be tolerated.
As global trade becomes increasingly interconnected, respecting the significance of GIs is a legal requirement, but also a matter of fair competition and international credibility.
Need help with trademark risk analysis or GI protection in China or the EU? Allasya’s team offers cross-border support for IP strategy, trademark enforcement, and rights clearance.
Photo by Victor CHABROL on Unsplash