Harbin Beer has won
2025-11-28   |   发布于:赛立信
A glass of beer, which took eight years to drink from the Trademark Office all the way to the Supreme People's Court. On November 24, 2025, with the full text of the "Annual Report on Intellectual Property Cases of the Supreme People's Court (2020)" online, the "longest toast" in the history of Chinese trademarks was finally concluded:
The four characters' Harbin Beer 'can be legally printed on every can of beer, even if it includes the name of the administrative division at or above the county level - Harbin.


1、 Why does a single verdict make the entire intellectual property circle 'top'?
This is the first case in which Article 10 (2) of the Trademark Law was "positively charged"
The geographical names of administrative divisions at or above the county level shall not be used as trademarks
But the Supreme Court's 55 page retrial verdict is resounding:
When a place name has already 'drunk' its second meaning, it can be registered


2. This is a textbook for reversing administrative rejection of "brand awareness"
After eight years of litigation, AB InBev has submitted 12000 pages of evidence:
1910 Harbin Brewery Building Signboard
Harbin Daily advertisement for 70 consecutive years from 1950 to 2020
Audit report on consistently ranking among the top five in national sales in the past three years
- Tiktok topic: Cheers to Harbin Beer 3.27 billion times
The court ultimately determined that "Harbin" had a "second meaning distinct from place names" in beer, and when the relevant public saw it, they first thought of "breweries" rather than "northeast cities".


3. This is the overall judgment template for the registrability of "place name trademarks"
The judgment summarizes the "four step method", and in the future, all trademarks containing place names can be copied:
① Significance - whether obtaining a "second meaning" through use
② Popularity - Relevant Public Perception Survey Data
③ Possible misidentification - whether it leads to "misidentification of origin"
④ Public interest - whether it monopolizes public resources


2、 Timeline Review: How can a can of beer go against the trend and become an "annual case"?
From application to registration, from rejection to retrial, the "Harbin Wheat King" trademark case lasted nearly eight years, with the third instance reversed, making it a "motivational blockbuster" in the field of Chinese trademark law. Every key point in this legal tug of war is a redefinition of whether a place name can become a trademark.
The following timeline clearly records the entire process of this "beer counterattack" - it not only concerns the fate of a can of beer, but also becomes an important milestone in China's intellectual property judicial protection.
Key evidence of node plot
In March 2017, Budweiser Harbin Beer applied for the "Harbin Wheat King" trademark, which includes the words "Harbin"
2017.11 Trademark Office rejects violation of place name clause
In September 2018, the commercial review committee upheld the rejection and still believed that "Harbin"=city
On June 2019, Beijing Intellectual Property Court reversed the first instance! The recognition has generated a second meaning
In April 2020, the second instance of the Beijing High Court reversed again! Revoke the first instance judgment
2020.12 Supreme Court retrial reversed again! Maintain the first instance judgment and allow registration
On May 11, 2025, it was selected as a milestone in the "Annual Report on Intellectual Property Rights of the Supreme People's Court" and became a "Geographical Name Trademark"


3、 Industry earthquake: Who will open champagne overnight, and who will explode legal fees?
1. win thoroughly brand
Qingdao Beer: My 'Qingdao' is also stable!
Luzhou Laojiao: 1573 all carry "Luzhou", continue to sell!
Wusu Beer: Is the "Wusu" of Da Wusu a small county town? Don't worry, there are precedents!


2. Changing the defense agency overnight
There is a saying circulating in the national trademark agency circle:
Don't rush to reply to rejection notices in the future, ask the customer first - can you drink the second meaning


3. Small and medium-sized distilleries mistakenly injured
Warning! The judgment only protects place names that have gained distinctiveness through use, not everyone can 'freeload' Harbin.
The new application for "Harbin Beer" will still be rejected because Budweiser has been building a moat of "popularity" for 110 years.


4、 The most concerned question for consumers: Will they drink "fake Harbin" in the future?
The Supreme Court gives you a reassurance pill in the judgment:
Even if the trademark contains a place name, as long as the relevant public does not mistake the place of origin, registration is allowed; if there is indeed origin fraud, there are laws such as the Anti Unfair Competition Law and the Consumer Rights Protection Law waiting


Translated into adult language:
Harbin Beer can only have one biological mother - Budweiser Harbin Beer;
Another factory called 'Harbin Beer' is considered infringement, and it will make you doubt your life.


5、 At the end: A glass of beer, reflecting the 'Chinese concentration' of intellectual property
Since the Russian businessman Ulubulevsky built China's first brewery in Harbin in 1900,
By 2025, the highest legal precedent will loosen restrictions on place name trademarks,
In this glass of foam, the refraction is:
-The Centennial Growth of China's Market Economy
-The increasingly strong judicial protection of intellectual property rights
-How can a brand use time to "brew" a city name into its own flavor


Next time, when you pull open the pull tab,
With a loud cry,
Don't forget——
That's not the release of carbon dioxide,
But the rule of law is toasting innovation.

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