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. Recently, Audi AG's another TT trademark registration on automobile was rejected as well, because the trademark is similar with the No.4430850 TT trademark.
Audi filed the No.5922485 TT trademark for registration on products of automobile, wheels in February 2007.
However, the registration for that trademark was rejected because it was similar with the registered No.G491029 tt toys toys, No.4430850 TT and No.5825586 新雅途.TT trademarks. The disgruntled Audi then brought the case to TRAB for review.
TRAB held that there are differences between Audi's TT trademark and tt toys toys and 新雅途.TT, and there's disparity in product functions, and no similarity is constituted. The TT trademark, however, is similar with No.4430850 in product function, so was rejected.
The disgruntled Audi brought the case to Beijing No.1 Intermediate People's Court. The court hears the case recently. Audi held that TRAB's decision on TT trademark and No.4430850 trademark is wrong, and Beijing High People's Court had made the clear rules in its final decision, so the registration for TT trademark shall be approved. TRAB upheld its decision.
The case is hearing. We will follow the development of the case.
(China IP News)