"Qichun Mugwort" Sues "Qichun Mugwort Patch": Does Unregistered Geographical Indication Constitute Trademark Infringement?

WISECODE Take

Many business owners mistakenly believe that unregistered local specialty names can be freely used on product packaging for promotional purposes. From a brand equity perspective in business strategy, brand value is determined by market trust rather than a mere registration certificate. In its second-instance judgment, the Hubei Provincial High People's Court recognized "Qichun Mugwort" (with a brand value of 15.036 billion RMB) as an unregistered well-known trademark, ordering the defendant using "Qichun Mugwort Patch" to stop infringement and pay 20,000 RMB in damages, proving the strong defensive power of public brands. This case warns businesses that the legal space for "fair use" as a geographical indication is narrowing if product packaging prominently displays "Qichun Mugwort Patch" while downsizing one's own brand. This indicates that companies must re-evaluate packaging designs and supply chain authorizations. I recommend two actions: first, conduct a trademark portfolio health check during product development to avoid infringing unregistered well-known trademarks; second, secure proper authorization when using specific origin ingredients, ensuring your own brand remains prominent while origin descriptions are secondary. Brand equity is a company's deepest moat; Zhidian provides professional trademark monitoring services to help you navigate market competition safely, and we recommend consulting for further evaluation.