Unitalen wins the “LAN GUI REN” case in the first instance

February 25, 2009

“LAN GUI REN” is a generic term for Oolong Tea with aroma, which is popular in the area of Fujian, Yunan, Guangdong and Guangxi. Cheng Mai Wan Chang Kuding (llex latifolia) Tea Plantation, an enterprise in Hainan filed a trademark application of the Chinese counterpart of “LAN GUI REN” on April 9, 2002 and subsequently took raid actions against other tea producers for “counterfeiting LAN GUI REN tea” in Hainan and other places. Hainan Provincial Tea Association filed cancellation application against the trademark and the TRAB made the decision to cancel the mark. Cheng Mai Wan Chang Kuding (llex latifolia) Tea Plantation, the registrant of the dispute mark initiated an administrative litigation by listing the TRAB as defendant and Hainan Provincial Tea Association as the Third Party. Acting as attorneys of Hainan Tea Association, Yazhou Zhang and Qingkai Gui from Unitalen attended the court hearing after an elaborate preparation. Beijing No. 1 Intermediate People’s Court refused the plaintiff’s claims and upheld the TRAB’s decision.