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The Beijing No. 1 Intermediate People’s Court takes Honda Technology Research& Development (China) Investment Co., Ltd’s suit against the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce and the third party Mr. Li from Wenling City, Zhejiang Province over the trademark of Guangben, pronouncing Guangzhou Honda in Chinese. Honda seeks reversal of TRAB’s ruling over the disputed trademark.
Mr. Li applied Guangben for trademark registration on motor and engine starter on August 2003, he claimed the Guangben trademark originating from the Chinese phrase Guang Da Ben Yuan, means bright and origin, thus the trademark is of originality. Honda held that as a famous car maker, Guangzhou Honda Motor is generally called GuangBen for short, registration of Guangben will mislead the public and injure the trade name right of Guangzhou Honda Motor Company.
The TRAB argues that Honda indeed enjoys the prior right of the trade name of Guangben, however Honda’s delivered materials didn’t refer to the usage of Guangben on motor and engine starter in Class 7, and can not prove the Honda’ popularity in Class 7, so they approved Mr. Li’s application.
We will follow he development of the case.
（by Che Wenqiu/ Chang Ming）
From:CHINA REPORT INTELLECTUAL PROPERTY