Volkswagen v Trademark Review and Appraisal Board of the State Administration for Industry and Commerce of the People¡¯s Republic of China (¡°TRAB¡±)
- 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
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.