Is ‘MOCCA’ in class 30 generic in China?

2 August 2021
by: 
Tian Lu in Law

What does the term ‘MOCCA’ evoke in your mind, a kind of coffee or a specific brand? This Kat randomly asked this question to her friends currently at the Max Planck Institute for Innovation and Competition Munich. Most of them regarded ‘MOCCA’ as a kind of coffee instead of a specific brand except one Italian colleague who also saw ‘MOCCA (almost phonetically identical to ‘Moka’)’ as referring to the Moka Pot (Italian wiki page). The diverged answers could be interpreted as showing different opinions on where the term is standing on the slope of trade mark genericide (certainly the slope will not be as smooth, or even could have a U-turn). 

Tian Lu

Tian Lu holds a LL.B. degree (Shandong University, China, 2010) and a LL.M. degree in Intellectual Property Law and Knowledge Management (advanced master program, Maastricht University, 2011). After that she worked in the Global Expert Center of DSM as a trademark law professional.

 

Tian Joined the Faculty of Law of Maastricht University as a Ph.D. Researcher in 2015 with a CSC scholarship from the government of China. She is also a Ph.D. Fellow of the Institute for Globalization and International Regulation (IGIR).

 

Her Ph.D. research, under the supervision of Prof. Dr. Mr. Anselm Kamperman Sanders and Dr. Ms. Anke Moerland, concerns the famous trade marks protection in China, U.S. and the EU.

 

Tian wrote regularly for the known IPKat blog for over a year as the very first InternKat from China. Since January 1 2018 her role changed into the first Asian Correspondent.