Mercedes-Benz’s Graphic Trademark Application Turned Down.

October 22, 2003

Mercedes-Benz’s Graphic Trademark Application Turned DownGerman Daimler-Chrysler Company, owner of brand name of Mercedes-Benz, recently filed a lawsuit against the State Trademark Office for the rejection of its 4 graphic trademark applications. Daimler-Chrysler Company thinks that the Trademark Evaluation Committee, which is under State Trademark Office, did not fully abide by the proper administrative procedure and did not provide enough evidence to support its decision. Yesterday, Beijing Municipal Intermediate No. 1 Court was open to hear this case.

Daimler-Chrysler claimed that they had applied for car graphic trademark registrations of certain car graphics that fall under the classification of “the twelfth kind of vehicles in the international commercial and service category.” However, two months after submitting their application, the State Trademark Office turned down the Daimler Chrysler’s application saying that the graphics of their trademarks were too generic and too closely resembled basic car parts, such as a hood or a radiator cover. The State Trademark Office stated that the trademarks lacked distinctiveness or uniqueness in their design. Daimler-Chrysler then appealed to the Trademark Evaluation Committee, but its application was rejected again.

Daimler-Chrysler believes its trademarks to be distinct and unique and that they are not generic in their design. In addition, Daimler-Chrysler argues that the Trademark Evaluation Committee did not even provide them an opportunity to explain or defend themselves at any point in the case. They claim the whole procedure was illegitimate.

The court is still in process of reaching a verdict concerning the case.