Beijing High People's Court recently sealed the legal battle between Daimler AG and Fujian Quanzhou Yinquan Automobile Plate Spring Co., Ltd., affirming disapproval of the defendant Yinquan Automobile's application of the No.1448385 trademark of 3-pointed star figure.

In April 1999, Yinquan Automobile filed for registration of No. 1448385 trademark of 3-pointed star figure in class 12, commodities of automobile damping spring and suspension damper, with the Trademark Office (TMO) under Sate Administration for Industry and Commerce (SAIC).

During the announcement, Daimler AG challenged the trademark, and sought rejection of registration by TMO. However the request was turned down. In March 2009, the Trademark Review and Adjudication Board (TRAB) under SAIC denied the No. 1448385 trademark registration.

Yinquan Automobile challenged TRAB's decision and then brought the case to Beijing First Intermediate People's Court. After first instance judgment of affirming TRAB's No. 03504 decision, Yinquan Automobile appealed to Beijing High People's Court.

After hearing, Beijing High People's Court rejected the appeal on November 18 and sustained the original judgment. 

(China IP News)