Recently, Honda Motor Company filed an administrative proceeding against a natural person surnamed Fu, alleging that his trademark application of HondaJet and its figure has infringed Honda's trademark right.
The trademark in question was No.6956181 HondaJet and its figure, which was filed for registration by Fu in September 2008. Then the trademark was registered in November 2010, which was certified to be used on Class 35 goods.
Within the legal time limit, Honda Motor filed an application to revoke the trademark in dispute. Honda held that the HONDA trademark, which was registered on Class 12 goods like automobile and motorcar, has gained a reputation among the public. In parallel, the similarity between HondaJet and HONDA would cause confusion among the consumers, and it also harmed the interests of Honda Motor. So the disputed trademark shall be revoked.
The Trademark Review and Adjudication Board (TRAB) under SAIC held that HONDA trademark was mainly used on automobile and motorcar product, while the disputed trademark was certified to be used on advertisement and business enquiries. The two trademarks were used on different areas. So TRAB maintained the registration of the disputed trademark.
The disgruntled Honda Motor then filed a administrative lawsuit to Beijing No.1 Intermediate People's Court. The Court heard the case recently. The case was not adjudged on the court.
(China IP News)
2014-10-29