BMW fails a trademark registration

In the second-instance decision made by Beijing Higher People’s Court, an administrative appeal lodged by BMW automobiles against Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce of China (SAIC) in a trademark case, was recently concluded, and BMW’s application for “迷你” trademark on clothes was denied. 

In October 2005, BMW filed the No. 4961961 “迷你” trademark application on Class 25, products of garments, shoes and hats, etc. However, the Trademark Office (TMO) under SAIC denied BMW’s application and TRAB respectively, on the grounds of constituting similarity with the No. 3241642 “迷你屋minihouse” trademark and the No. 3353757 “迷你秀minixiu” trademark on the same Class and products, which were separately filed by a natural person surnamed Yang and a Zhejiang-based company in July 2002 and October 2002. The two trademarks registered on Class 25 products of garments and children clothes in Feburary 2004 and October 2004 respectively. 

BMW then brought the case to the Beijing No.1 Intermediate People’s Court. In the first-instance decision, BWM’s request was denied and TRAB’s decision was sustained. BMW then appealed to the Beijing Higher People’s Court. The court held that, the No. 3241642 “迷你屋minihouse” trademark and the No. 3353757 “迷你秀minixiu” trademark were both composed of the word “迷你”, and the meanings of the two marks were similar with the trademark in question, thus the similarity was constituted. The decision was then made above.