Recently, Nikon Corporation, the Japanese famous camera manufacturer, brought a case against the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) before Beijing No. 1 Intermediate People’s Court. The case is related to the TRAB’s decision of rejecting the registration of No. 3565606 trademark “尼康”(translation of Nikon in Chinese) in Class 7 covering goods of paper machines, printers and tanning machines etc.
Nikon first applied for the application in May, 2003 and was rejected by the trademark Office in August, 2004, on the basis of an earlier registered mark "康尼". It then requested the TRAB for review but the rejection was maintained.
Before the court, Nikon alleged that the trademark “尼康” is different from the trademark "康尼" since "康尼" is a combination of the word and the device. In addition,“康尼”is divided into 2 parts "康" and "尼" which is obviously distinctive in appearance and visual effects from the mark 尼康.“尼康”nevertheless is widely used in Nikon’s affiliated companies names and in Nikon commercial activities in China. Although these two marks“尼康”and“康尼”are the same Chinese characters, the sequence is different and it would not cause confusion among consumers.
The case is currently under further examination.
