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Disgruntled with the ruling by the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) over registration of No. 1982802 “宝马先锋” trademark by Wenzhou Baoma Electric Co.,Ltd (Wenzhou Baoma), BMW sought legal remedy for reversal at the Beijing No.1 Intermediate Court. The court heard the case recently.
Wenzhou Baoma applied for No. 1982802 trademarks of “宝马先锋”, certified to be used on Class 9, the good of switch and socket. BMW lodged an oppsition to the TRAB on the ground of similarity of its registered trademark. TRAB held that for the trademark in question was used on electric switch and socket, the good class was evidently distinctive from that used on auto car. Even when the BMW trademark had high reputation, the relevant public would not confuse the two. In addtion,“宝马”was a Chinese word and No. 1982802 trademarks of “宝马先锋” would not ingfringe BMW’s right.
As of now, the court has not yet rendered a ruling. We will stay focused on the case.