Trademark battle 31 wins Mercedes-Benz to win the first international case of China's intellectual property rights

The High Court of London, England, recently ruled that Daimler-Benz AG had filed a lawsuit against Sany Group (hereinafter referred to as "Sany"), a domestic construction machinery company, for infringing its Trident Star trademark held by Sany Group (hereinafter referred to as "Sany"), a domestic construction machinery company. Since then, the trademark battle between Sany and Mercedes-Benz has achieved a substantial victory. As a result, the case was called the "International Victory*5656 Case" of China's intellectual property rights by domestic legal professionals.
In 2006, Sany submitted the application for trademark registration to the United Kingdom. There are three main forms of registered trademarks of Sany: plain text "SANY", graphic logo, and text plus graphic logo. In the United Kingdom, Sany applied for registration of the company's graphic logo and the word "SANY" as a trademark, and the scope of the application was to use the trademark on products in classes 7 and 12 closely related to construction machinery.
According to the process, the UK Trade Mark Office will examine the trademark applied for registration in accordance with the trademark examination specifications, and publish it after the examination is passed. Within a certain period of public notice, any enterprise that opposes the registration of the trademark can file an opposition.
At this time, Daimler, which owns the "Tridental" Mercedes-Benz trademark, appeared and objected to the registration of the Sany trademark and requested an opposition examination of the trademark. Before the opposition examination procedure was concluded, Daimler pushed Sany to the dock of the High Court in London, England, on the grounds that the Sany trademark infringed its registered trademark rights.
Daimler's allegations mainly include "the similarity between the Sany graphic trademark and Mercedes-Benz's 'Tridental' to confuse consumers; the suspicion of infringement and counterfeiting of the Sany graphic trademark; and the development of the Sany trademark with the advantage of the Mercedes-Benz brand and occupying an 'unfair advantage'".
This is not *5656 times the two sides *5656 times in the use of trademarks. At the beginning of Sany's establishment, Daimler AG sued for infringement of Sany's trademark use in a Chinese court, and the settlement ended in a settlement. At the end of 2005 and in 2006, Sany launched a large-scale trademark application program in countries and regions outside of China, using a mix of the Madrid registration system and the single national registration system. During the publication period of different trademarks, Daimler AG has filed a total of 50 opposition applications for registration of Sany worldwide, some of which have already been adjudicated, with varying results. But overseas, Daimler and Sany stood in the original defendant's dock of the infringement lawsuit, and this is still *5,656 times.
The judgment of the High Court of London in the United Kingdom announced the verdict, holding that Sany's "intention" to use the logo in the English market was only because the logo was a trademark created by Sany a long time ago and has been used by the company, and finally dismissed Daimler's infringement lawsuit.
It is worth noting that although Daimler abandoned the claim in Article *5656 of the previous lawsuit that "the Sany graphic trademark is similar to Mercedes-Benz's 'Tridental' and confuses consumers", the London High Court still made a judgment holding that there is no sufficient evidence to show that the expression of the Sany logo is close to the "Tridental". This is an added bonus for Sany and means that Daimler will not be able to file a lawsuit against any EU member state on the same grounds.
However, at present, the opposition examination of the registration of the Sany trademark by the UK Trade Marks Office has not yet been completed. However, the legal representative of Sany believes that there is a conclusion of the court to testify, and the successful registration of the Sany trademark in the UK should be a matter of course.