Chongqing man named Ji Jinchun filed a trademark registration of雪佛龙 on automobile and motorbike, which was challenged by the U.S. Chevron IP Company, a subsidiary of Chevron Group. After the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) approved the registration of the trademark in dispute, Chevron then filed an administrative proceeding against Ji. Recently, Beijing Higher People's Court rendered its final decision and approved the registration of 雪佛龙.
Chevron held that the trademark in question constituted a similar trademark with its 雪佛龙 trademark, which was registered on petroleum and industrial oil. As a trademark, 雪佛龙 has gained popularity among the consumers, in addition automobile and motorbike have been closely related to gasoline. The trademark in question would not only harm the priority interests of Chevron Company, but also caused confusion among customers.
TRAB held that there were obvious differences between automobile and gasoline in function, use, distribution channel and consumer. So the trademark would not confuse the customers. TRAB also held that although雪佛龙 has gained popularity among the customers, Chevron could not proved that the trademark gained popularity on automobiles. So ordered.
(Source: China IP News)