Case Name:
Volkswagen v Trademark Review and Appraisal Board of the State Administration for Industry and Commerce of the People’s Republic of China (“TRAB”)
Facts:
– Volkswagen sought to registered the trademark “Tuan”, and submitted an application with the TRAB. Volkswagen applied on June 8, 2004;
– Their trademark application was in respect numerous items surrounding the auto trade;
– Zhejiang Shaoxing Kesiweiteli Electromechanical Co., Ltd (“Zhejiang”) registered the trademark “Antu” on October 10, 1986, and sort to extend this until January 29, 2017.
– In light of Zhejiang’s extension, the TRAB rejected Volkswagen’s application for registration;
– Volkswagen appealed to Beijing No.1 Intermediate People’s Court
Argument:
Volkswagen claimed the following:
– There were no similarities between the two names;
– There were distinct differences between the two trademarks;’
– Proposed use of trademark was on different products to the trademark already in use;
– Volkswagen claimed In light of these factors that registration of the “Tuan” mark would not cause any confusion amongst the public.
Beijing No.1 Intermediate People’s Court decision:
– The court found in favour of Volkswagen, in that the two trademarks would not cause confusion amongst the public;
– TRAB’s decision was overruled and a review is required.