The S&F law blog


CHINA’S STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE SUED BY DAIMLER-BENZ

www.S&Flaw.cn intellectual property law ChinaDaimler-Benz has decided to take China’s State Administration for Industry and Commerce (SAIC) to court after it rejected a trademark application by the German company.

After setting up a joint venture in August 2005 called Beijing Benz Daimler Chrysler, Daimler submitted an application to the PRC Trademark Office to register the trademark BEIJING BENZ. Since then this application and a subsequent appeal has been turned down.

The reason for the refusal, given by SAIC’s representatives, is that Daimler’s application violates Chinese Trademark regulations. By using ‘Beijing’ in its trademark it could misguide consumers about the origin of the products, SAIC representatives said. Further, any name of a region above county level in China is forbidden to be used as a trademark.

Daimler claims that ‘Beijing’ is used in the trademark to indicate the production place of the products, and so will not misguide any consumers.

No ruling has yet been reached.

Source: China CSR

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