At China’s Coffee Industry Kunming Forum on December 15, 2009, Hainan Coffee Association, Coffee Association of Fujian, Coffee Association of Yunnan and some Chinese coffee enterprises and scientific research institutions gathered in Kunming and jointly demanded the right to use “咖啡伴侣”. Therefore, dispute over the ownership of trademark “Coffee-mate” aggravated.

This dispute could date back to September 3. Upon complaint, AIC officials confiscated 12,000 packets of “咖啡伴侣” made by Hougu Coffee. Thereafter, Hougu Coffee-mate, which was in packet in the past, had to be put into a jar. On November 9, Hougu Coffee formally submitted to SAIC Trademark Appeal Board an application for revoking Nestle’s registered trademark “咖啡伴侣” (No. 360860).

In China’s mainland, trademarks “COFFEE－MATE” and “咖啡伴侣” were registered early in 1989. These trademarks were widely used on “vegetable fat powder” products and were announced in public as registered trademarks.

Having heard this, Nestle declared never to give up the trademark “咖啡伴侣” and swore to continue to crack down on any infringement upon its IPR. Person concerned of Nestle stated that the trademark “咖啡伴侣” originated from the trademark “COFFEE-MATE” used by Nestle for over half century in global market and thus was exclusively owned by Nestle.

Person concerned of Hougu Coffee held that whether “咖啡伴侣” could be confirmed as a general term for China’s coffee industry would affect the future the China’s coffee market. Generally speaking, “咖啡伴侣” was just a general term and should not be registered as a trademark.

After accepting the application from Hougu Coffee for revoking the registered trademark “咖啡伴侣” of Nestle (No. 360860), Case Acceptance Division of SAIC Trademark Appeal Board stated: ”this case had been accepted. After the paper examination for 3 months, a lawsuit will be instituted; we will deliver the copy of relevant documents to Nestle as soon as possible”.