Recently, Beijing 1st Intermediate People's Court made its first instance ruling that affirmed the trademark registration of ”空中客车 AIRBUS” by Shenyang Yongfeng Food Inc(hereafter refers to as Yongfeng Inc).
Airbus Deutschland GMBH(hereinafter refers to as Airbus), formerly named DaimlerChrysler AG, appealed the decision of the Trademark Review and Adjudication Board (TRAB) into the court because of TRAB’s decision to approve the registration “空中客车 AIRBUS” and its devices. Airbus also claimed that the registration of the trademark “空中客车 AIRBUS” infringed its trade name.
After reexamination, the court found that the alleged trademark of “空中客车 AIRBUS” and its devices are used in goods such as cocoa products, sweets and other confectionery products, which are distinctive from those used on the plaintiff's goods. In spite of the high reputation enjoyed by Airbus, the relevant public will not be confused. Therefore, the court affirmed the decision of the TRAB and approved the registration of ”空中客车 AIRBUS” by Yongfeng Inc.
