Audi AG v NIO (ANHUI) Co Ltd

Audi AG (the Opponent) opposed the registration of three trade marks (numbers 2268673, 2268674, and 2293984) by NIO (ANHUI) Co Ltd (the Applicant). The dispute concerned whether the Applicant's proposed trade marks were likely to deceive or cause confusion, given the reputation of the Opponent's existing marks. The decision was made by the Registrar.

The primary legal issue before the Registrar was to determine whether the Opponent had established any grounds for opposing the registration of the Applicant's trade marks. This required the Registrar to consider whether the reputation of the Opponent's marks, coupled with the resemblance between the marks and the goods or services in question, would lead to a likelihood of deception or confusion among consumers.

The Registrar reasoned that merely establishing a reputation for the Opponent's marks was insufficient. The Opponent needed to demonstrate that the use of the Applicant's marks would, because of that reputation, be likely to deceive or cause confusion. While the similarity of the trade marks and the goods was a relevant factor, it was not a prerequisite for opposition. Ultimately, the Registrar found that the Opponent had not established a ground of opposition in relation to the Applicant's trade marks 673, 674, and 984.

Accordingly, the Registrar decided that trade mark numbers 2268673, 2268674, and 2293984 could proceed to registration one month from the date of the decision, unless a notice of appeal was filed. Costs were awarded against the Opponent in respect of trade mark number 2268673, and reduced costs were awarded against the Opponent for trade mark numbers 2268674 and 2293984.