Chery QQ trademark dispute case final verdict Ma Huateng lost
[TechWeb] September 14th news reports, the Beijing Municipal Higher People’s court before the Tencent v. State Administration trademark trademark review and Adjudication Board (TRAb) case made a final decision. The support of the court judges had to make a ruling, the Tencent ordered the revocation of cars and other goods "QQ" registered trademark.
at the same time, the decision also means that Chery and Chery on the "QQ" car trademark for 11 years of war ended, the company declared victory.
as early as 2003, the Chery QQ sedan in the market two months ago to the State Administration for Industry and Trademark Office to apply for registration of the trademark "QQ", specify the use of buses, in the international classification of twelfth types of electric vehicles, cars, cars and other goods. But Tencent subsequently raised objections during the trial of the trademark notice.
in order to respond to Chery’s trademark offensive, Tencent in 2005 also submitted to the State Administration for Industry and Commerce Trademark Office trademark QQ registered trademark applications. In March 2008, the trademark was approved for registration.
since then, Chery and Tencent on the trademark registration and objection and appeal. Chery has the right to know that the company owns the trademark of "QQ" car in advance, but apply for the registration of a trademark dispute, the alleged infringement. Tencent insisted on "QQ" trademark to maintain a high degree of holding.
February 2013, the business judge ruled that Tencent Inc held a trademark dispute shall be revoked. Since then, Tencent two appeal, and a Beijing intermediate people’s court and the Beijing Municipal Higher People’s court ruled last year, to maintain the judge’s ruling. The court held that there was a big gap between the goods and communications services, and the two did not constitute the same or similar goods or services. Even the defensive trademark of Chery company should also enjoy the priority right to avoid. (open air)