Beijing High People's Court recently made a final decision in favor of Daimler AG，the world famous vehicle manufacturer, over a trademark dispute against a Chinese auto-components maker, Fujian Quanzhou Yinquan Automobile Plate Spring Co., Ltd.(hereinafter refers to as Yinquan Automobile), affirming the decision made by Trademark Review and Adjudication Board (TRAB).
In April 1999, Yinquan Automobile filed for registration of No. 1448385 trademark of 3-pointed star figure in class 12 of automobile damping spring and suspension damper, before the Trademark Office (TMO) under Sate Administration for Industry and Commerce (SAIC). Upon publication, Daimler AG challenged the trademark, and asked for rejection of the registration by Yinquan Automobile. However the request was not be supported by the TMO. In March 2009, Daimler AG filed for review before the TRAB, which upon examination denied the No. 1448385 trademark registration.
Then, Yinquan Automobile appealed to Beijing First Intermediate People's Court, which affirmed in its first instance judgment the TRAB’s decision. Yinquan Automobile then appealed to Beijing High People's Court.
After hearing, Beijing High People's Court rejected the appeal and sustained the original judgment rejecting the registration of the 3-pointed star figure in class 12.