MAZDA Motor Corporation is the trademark owner of "MAZDA" and “马自达 (MAZDA in Chinese)” that are famous for automobile manufacture. A Chinese individual applied for registration of a mark “MAZDA马自达” for "glasses(optics)" in Class 9. MAZDA Motor Corporation failed both in the proceedings with the CTMO and TRAB on the grounds that though Mazda’s marks enjoy high fame in China before the filing date of the opposed mark, the goods “glasses (optics)” covered by the opposed mark are far from automobiles for which Mazda’s marks are famous and thus the co-existence of the marks will not mislead the public and damage the interests of MAZDA Motor Corporation. MAZDA Motor Corporation filed a court action supplying with new evidence to prove its well-known status and the relevancy between glasses and automobiles. The court holds that the evidence submitted by Mazda in the review stage is sufficient to prove the well-known status of its mark and, although glasses and automobiles are different products, the target consumers of these two kinds of goods are both general public and the drivers usually use glasses for vision correction or protection against the sun. Based on the above, the court ruled to cancel the TRAB’s decision and ordered to make a new decision.
At the same time, MAZDA also won a similar case against a Chinese company’s application for registration of a mark “MAZDA” for "blinker lights and neon lights" in Class 9 based on the well-known trademark claim. Specifically, the court holds that although “blinker lights, neon lights” and automobiles are different products, the blinkers lights are important parts of automobiles and are even considered as the “eyes” of the automobiles. Moreover, “neon lights and blinkers” fall into the same subclass of “signal instruments” as “traffic lights (signal device); warning triangles and signal lights”, which are closely related to transportation industry while automobiles are one of the most important means of transport.