Audi Triumphs in a Trademark Case

The Beijing High People's Court rendered its final decision on Audi AG's TT trademark case, upholding the first instance decision of the Beijing No.1 Intermediate People's Court, affirming Audi not infringing a trademark holder Mr. Zhang's TT trademark, approving Audi's application for territorial extension protection, and overturning the previous decision made by the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce.

On February 16, 2006, Audi filed the TT trademark for registration on products of vehicle, clutch and applied for territorial extension protection. On June, 2010, TRAB held that Audi's TT was similar with Mr. Zhang's TT and denied Audi's application.

Disgruntled Audi brought the case to the Beijing No.1 Intermediate People's Court. The court held that the target market of Audi is the vehicle users and Zhang's target market is vehicle manufacturers, service engineers. There's disparity in product functions, sales channel and target market, and no similarity is constituted. Hence, the court denied TRAB's previous decision.

TRAB brought the case to the Beijing High People's Court. The court then made the above decision.

(China IP News)