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(Yicai) Dec. 5 -- Chinese new energy vehicle start-up Nio has successfully turned the tables against German auto manufacturer Audi in a trademark dispute in Australia, despite earlier defeats in German courts on the same matter involving the copyright of electric car names.
The Intellectual Property Office of Australia has dismissed Audi's objections to Nio's trademark registration applications for its ES6, ES7 and ES8 NEVs, JADE, an Australian court judgment platform, said recently. The authority determined that there were significant differences in the overall comparison of the trademarks of both parties and they do not constitute substantial similarity.
On key issues such as whether the use of the trademarks would mislead consumers or violate regulations, the Intellectual Property Office favored Shanghai-based Nio, approving the continuation of its trademark registration process in Australia.
This trademark dispute dates back to October 2021 when Audi sued Nio in Germany, alleging that the naming of Nio's ES6 and ES8 models infringed upon Audi's S6 and S8 trademark rights. Nio suffered defeats in both the first and second trials, forcing the firm to change the names of the models entering the European market to "ES" to "EL."
The trademark lawsuit was an attempt by Ingolstadt-based Audi to block Nio from entering the German market, You Yunting, senior partner at Shanghai Debund Law Offices, told Yicai.
In fact, disputes over trademarks and naming between automakers are not unprecedented. In 1963, Porsche was forced to change the name of its 901 model to 911 just before its release due to Peugeot's protests.
Nowadays, with the strong rise of smart NEVs in China, established automakers like Audi and Volkswagen face mounting pressures in the Chinese market, impacting their performance. Audi's lawsuit against Nio may be a way to defend market share, and the entire industry will be watching to see how the trademark case unravels.
Editor: Kim Taylor