Grünecker has successfully represented Multi Access Limited before the General Court of the European Union in defending nine EU trademarks against invalidity actions brought by Guangzhou Wanglaoji Grand Health Co. Ltd.
The proceedings have been ongoing since 2018. At the heart of the dispute was the right to register and use the famous Chinese herbal tea brand “Wong Lo Kat” in the EU. The contested marks featuring three Chinese characters 王老吉 for “Wong Lo Kat” in Cantonese (also known as “Wang Lao Ji” in Mandarin) and a word mark “Wang Lao Ji” are protected for tea-related goods and services.
Guangzhou Wanglaoji Grand Health Co. Ltd sought to invalidate the contested trademarks alleging bad faith on part of Multi Access Limited and in particular claiming to be the true owner of the “Wong Lo Kat” brand in the EU.
However, EUIPO’s Cancellation Division and Board of Appeal had dismissed all nine motions for cancellation filed by Guangzhou Wanglaoji Grand Health Co. Ltd. In the third instance, the General Court of the European Union upheld these decisions and dismissed all claims brought by Guangzhou Wanglaoji Grand Health Co. Ltd in their entirety.
In its judgement, the General Court of the European Union examined the long-standing historical business relationship between the parties, dating back to a separation of business activities in 1913 between mainland China on the one hand and Hong Kong and the rest of the world on the other.
The Court acknowledged that Multi Access Limited and its predecessors hold legitimate rights to the brand in Hong Kong and have transparently used and licensed the “Wong Lo Kat” trademarks internationally, including in EU Member States such as France and the United Kingdom long before the contested filings.
As a result, the General Court concluded that Multi Access Limited’s applications were part of a legitimate commercial strategy to secure EU-wide trademark protection. The court dismissed all appeals and ordered Guangzhou Wanglaoji Grand Health Co. Ltd. to bear the costs of the proceedings.
We are honored to have led the successful defense of the prestigious “Wong Lo Kat” trademarks over three instances spanning seven years. We thank Multi Access Limited for their longstanding trust in the Grünecker trademark litigation team.
Case Numbers:
- T-121/24, T-122/24, T-123/24, T-124/24, T-125/24, T-126/24, T-127/24, T-129/24 (Joint Cases)
- T-128/24
Representatives of Multi Access Limited:
Grünecker: Dr. Holger Gauss, Sabrina Rak
Representatives of Guangzhou Wanglaoji Grand Health Co. Ltd.:
Boehmert & Boehmert: Peter Gross, LL.M. (Aberdeen)