In 2002, the joint venture, Dongfeng Yueda Kia Automobile company was jointly established by Dongfeng Motor Company, Jiangsu Yueda Investment Company and South Korea Kia Motors Company. In 2008, Yueda Kia planed to file a trademark registration of 东风悦达·起亚, while was challenged by Dongfeng Motor. Recently, Beijing No.1 Intermediate People's Court rendered its first instance rule and requested the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce to revoke the registration of the trademark.

The trademark in question is No.6715913 东风悦达·起亚, which was filed by Yueda Kia Company in May 2008 and certified to be used on Class 21 goods like car windows and daily glassware.The No.110702 trademark is东风, certified to be used on Class 12 goods.

TRAB held that the evidence is not sufficient to prove 东风 trademark has become a famous one before the trademark in question filed for registration. In parallel, although the 东风悦达·起亚 trademark is similar with the trade name of Dongfeng Motor, no similarity is constituted. So TRAB approved the registration of 东风. 

Dongfeng Motor held that the trademark in question is similar with 东风 trademark used in the same or similar goods, and it also injured the trade name right, which should not be registered.

The court held that the trademark 东风悦达·起亚 contains the words of 东风, which could cause public confusion. So the trademark in question is similar with 东风. In parallel, the trademark in question constituted similar trademark with 东风 when used on car windows. So ordered.

 (China IP News)