Recently, the Beijing No. 1 Intermediate People's Court heard the case in which Honda Technology Research& Development (China) Investment Co., Ltd (hereinafter refers to as Honda) sued against the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce. TRAB maintained the registability of the mark “广本 Guangben” by Mr. Li from Wenling City of Zhejiang Province in class 7 covering goods of motor and engine starter. Li claimed that the mark “广本 Guangben” originated from the Chinese phrase Guang Da Ben Yuan (meaning bright and origin), thus the trademark is of originality.
However, Honda argued that as a famous car maker company, Guangzhou Honda Motor is generally called for its short name “Guangben (广本)”,. Therefore the registration of “广本 Guangben” trademark will mislead the public and damage the exclusive right of Guangzhou Honda Motor Company(hereinafter refers to as Guangzhou Honda)’s trade name.
The TRAB argued that Honda indeed enjoys the prior right of the trade name of Guangben “广本”. However the evidence submitted by Honda did not prove the use of Guangben 广本 on motor and engine starter in Class 7, and the reputation of the mark in class 7 could neither be proved.
It is learnt that Guangzhou Honda registered “广本 GUANGBEN” trademark in class 7 in 2004 and was approved in 2006.
The decision has not been made.
