In 2020, the Sichuan Intellectual Property Office submitted the Request for Instructions on Whether the Act of Selling Goods with the Same Shape as the Registered Trademark Graphics of Others' Similar Goods Constitutes Infringement of the Exclusive Right to Use Registered Trademarks, with an aim to ask for instruction from the National Intellectual Property Administration, as for whether the shape of commodities such as jewelry, necklace, gold and silver artworks (Class 14 of International Classification of Goods and Services for Trademark Registration) sold by others is consistent with the graphic trademark No.768790 registered by Chanel Co., Ltd. under the same class or with the graphic trademark registered by Van Cleef & Arpels Co., Ltd. under the same class constitutes trademark infringement. 

Graphic trademark No.768790 registered by Chanel Co., Ltd. under class 14

Graphic trademark No. 15395177 registered by Van Cleef & Arpels Co., Ltd. under class 14

On September 8, 2021, the National Intellectual Property Administration issued a reply on the aforementioned issues after research: the aforementioned two trademarks have high popularity and significance, and have formed a unique corresponding relationship with the obligee, and relevant consumers may closely link the trademarks with the obligee. The trademark pattern adopted as the shape of goods may have already actually functioned to identify the source of goods, which will very likely cause the relevant public to misunderstand the source of goods. Such behavior is applicable to the provisions of Article 76 of the Implementation Regulations of the Trademark Law, namely, "Use of mark identical or similar to another person's registered trademark as a commodity name or decoration on the same or similar commodity to mislead the public shall constitute an act of infringing the exclusive right to use a registered trademark as stipulated in Article 57.2 of the Trademark Law". The Sichuan Intellectual Property Office needs to guide relevant departments to handle the case according to laws and regulations according to the replied opinions and specific cases.