Chinese companies registered Tesla trademark Tesla for the withdrawal of support
The company applied for the registration of the “Tesla” trademark on September 12, 2012. The trademark was announced on January 13, 2014, and then approved. Tesla believes that the trademark is maliciously registered and requires the state administration of industry and commerce to revoke the trademark review board (hereinafter referred to as the “business judge”). Tesla has appealed to the court to withdraw the ruling, and a court ruling upheld tesla’s appeal.
HuaRuiKai wins the company applied for to register on September 12, 2012 “Tesla,” trademark, the trademark in the first trial announcement on January 13, 2014, after approved, shall be used in class 9 optical apparatus and instruments, vehicle batteries, ignition batteries, high-voltage batteries, battery chargers and other commodities.
On April 15, 2015, TESLA in litigation with the earlier application “TESLA,” a trademark and no. 8008885 “TESLA and figure” trademark used on the same or similar products of the same or similar trademark, litigation, trademark application for registration of the damaged TESLA’s prior right of trade name, litigation trademark application for registration is unfair means to register TESLA’s company has been used and has some impact on the behavior of the trademark and belong to malicious imitation, plagiarism TESLA company enjoys high reputation trademark etc, apply to the trademark review and adjudication board for litigation trademark invalidation. The trademark review board rejected the application for invalidation of the company’s claims.
Tesla has filed a lawsuit against the Beijing intellectual property court against the ruling that the trademark registration violates the amended trademark law.
The Beijing intellectual property court heard that the parties have no objection to the trademark of the trademark and the trademark of tesla. In fact, litigation trademark with the trademark owned by tesla and exactly the same as that of the first and second letters only part of the letter case or slightly deformation nuances, such as it can constitute the two identical or similar trademark.
This case, as one of the important parts, electric vehicle batteries and electric cars, often with sales, therefore, in the litigation and tesla a trademark under the condition of high degree of approximation, easy to make the relevant public believe that there is a specific relationship, the source of goods confusion and mistakes.
Accordingly, the Beijing intellectual property court ruled that the defendant’s trademark review and adjudication board had made a ruling and ordered it to be reruled.