Bejing Court Takes AUDI Trademark Rejection Claim

Disgruntled with the ruling by the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) over registration of its A4 trademark, AUDI AG sought legal remedy for reversal at the Beijing No.1 Intermediate People's Court. The court heard the case recently.

On January 30, 2007, AUDI filed for registration of trademark No.5878485 for A4. On March 31, 2009, the Trademark Office (TMO), also under SAIC, rejected the registration on the ground of its lacking distinctiveness.

On April 29, 2009, AUDI challenged the trademark, and sought rejection of registration by TMO, claiming that the A4 trademark does not belong to the general mark for automobile, and it has distinctiveness as a whole after massive usage. On October 22, 2009, TRAB denied AUDI's claim, holding that the A4 mark was too simple, which made the mark devoid of distinctiveness. Besides, AUDI also has not produce sufficient evidence to prove that the trademark has acquired distinctiveness. We will follow the development of the case.