As one of the four largest banks in Australia, Australia & New Zealand Banking (ANZ Banking) was challenged in a court as it is suspected of infringing a trademark of Ningbo Yinzhou Xiaying Aoxin Investment Advisory Service Agency (Aoxin Agency). Recently, Shanghai Pudong People’s Court ruled in favor of ANZ Banking.

The No.5487111 and 6630585 "澳新" trademark was registered by the Aoxin Agency in January and September 2010, certified to be used in Class 36 goods including insurance, banking, capital investment and financial services.

The principal of the Aoxin Agency sur-named Chen said that as the trademark owner of "澳新", it enjoys the exclusive right to use the trademark, and ANZ Banking’s action of using unauthorized trademark as its bank name has constituted trademark infringement. So he requires ANZ Banking and its branch banks stop using 澳新银行 on business site and website.

ANZ Banking held that it enjoys the priority right of 澳新, and the bank also enjoys a high reputation in the industry. Meanwhile, ANZ Banking has not use 澳新 in the service and not intend to mislead the consumers.

The court held that the 澳新 is visible and famous in the financial industry after it was used by ANZ Banking and its branches in Chinese market, and the relevant consumers are also able to distinguish between them in the services. So the court rejected the demands of the Aoxin Agency.

(China IP News)