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China Supreme Court Rule in Favor of Manolo Blahnik in Decades Long Trademark Dispute

On July 19th, Manolo Blahnik, a British footwear company, said that the Supreme People's Court of China issued a judgment in June to revoke defendant Fang Yuzhou's trademark No.1387094 "马诺罗·贝丽嘉MANOLO & BLAHNIK" registered in China in 2000. This marks the final victory of the British company in the trademark copyright dispute which lasted for 22 years. 

In 1971, the Spanish designer Manolo Blahnik founded the shoe brand in his own name, which eventually developed into a world-famous brand, owning many celebrity fans that are the frequent caller in film and television works. 

In 1999, defendants Fang Yuzhou and Guangzhou Zhaoyue Footwear Co., Ltd., in which Fang invested, filed five registration applications involving the trademark "马诺罗·贝丽嘉MANOLO & BLAHNIK" on Class 9, 14 and 25 goods. In 2000, Fang Yuzhou applied for registration of the trademark '094 "马诺罗·贝丽嘉 MANOLO & BLAHNIK", which was approved for use in the Class 25 goods (footwear products). Through renewal, the exclusive right to use this trademark will last until April 20, 2030. 

Since 2000, Manolo Blahnik brand has been appealing against this series of trademarks, hoping for a withdrawal. Yet with regard to the priority of trademark, China follows the principle of "prior application". Before 1999, Manolo Blahnik company did not apply for trademark registration in China before Fang Yuzhou, and this had made its many administrative lawsuits (including objection, invalidation and withdrawal) failed since 2000. Fang's trademark '094 prevents Manolo Blahnik from registering its trademark on Class 25 goods in China, making the company unable to sell its footwear products directly in China. 

The winning of Manolo Blahnik in this case is another proof of the growing protection in China for world famous brands ever since the fourth amendment of the Trademark Law, which came into effect in 2019 and intensified the crackdown on "malicious" trademark registration applications.