(Original title: "Tesla" trademark is supported)
Beijing Morning Post (Reporter He Xin) reported that Huarui Kaisheng Company applied for the registration of the "Tesla" trademark on September 12, 2012. The trademark was officially announced on January 13, 2014, and was eventually approved. However, Tesla Company argued that the trademark was registered in bad faith and requested the Trademark Review and Adjudication Board to revoke it, but the request was denied. Frustrated by the decision, Tesla filed a lawsuit against the board, demanding the ruling be overturned. Recently, the Beijing Intellectual Property Court ruled in favor of Tesla, supporting its claim.
Huarui Kaisheng Company originally filed for the "Tesla" trademark in 2012. It was first published in January 2014 and later received official approval. The trademark was granted for use in Class 9, covering optical instruments, vehicle batteries, ignition batteries, high-voltage batteries, and battery chargers, among other products.
In April 2015, Tesla claimed that the disputed "Tesla" trademark, along with its earlier "TESLA" trademark and the "TESLA and Map" trademark (registration number 8008885), constituted similar or identical trademarks used for similar products. The registration of this trademark, according to Tesla, infringed upon its prior rights and involved unfair practices such as pre-registering an already well-known brand. Tesla argued that Huarui Kaisheng had no legitimate reason to register the trademark and that it was an act of imitation and copying. As a result, Tesla submitted an application for invalidation to the Trademark Review and Adjudication Board, which rejected the request, stating that Tesla’s claims were not valid.
Unsatisfied with the decision, Tesla took the case to the Beijing Intellectual Property Court, arguing that the disputed trademark violated the provisions of the previous Trademark Law.
During the trial, the court acknowledged that both parties agreed the disputed trademark and Tesla's trademark were similar. In fact, the first two letters of both trademarks were identical, with only minor differences in capitalization or slight stylization of the letters. Based on this, the court concluded that the trademarks were essentially the same or very similar.
Moreover, the court noted that batteries and electric vehicles are often sold together, making it likely that consumers might confuse the source of the goods. This similarity could lead to misidentification and confusion among the public.
Based on these findings, the Beijing Intellectual Property Court ruled to overturn the decision made by the Trademark Review and Adjudication Board and ordered the board to issue a new ruling.
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