Court rejects lawsuit filed by luxury carmaker against Chinese brand
TDT | Manama
Email: mail@newsofbahrain.com
The High Civil Court has affirmed that the legal standard for rejecting similar trademarks is based on the likelihood of misleading the average consumer under normal purchasing conditions, emphasizing that the nature and value of a product directly influence consumer awareness and the ability to distinguish between similar trademarks.
The ruling came after the court dismissed a lawsuit filed by a global luxury car manufacturer against a Chinese automaker, challenging a decision by the relevant government body, which had rejected the company’s objection to the registration of the Chinese firm’s trademark.
Meanwhile, the Chinese automaker’s legal representative argued that there are substantial differences in the visual and symbolic impressions of the two trademarks. The defense stated that one element of the disputed logo represents a general shape that cannot be exclusively monopolized by any company, in addition to the inclusion of a distinctive element within the Chinese company’s design.
The defense further cited similar judicial rulings and international trademark registrations that have allowed both trademarks to coexist.
During the proceedings, the court reviewed the provisions of the GCC Trademark Law No. (6) of 2014, emphasizing that trademark imitation is assessed according to the overall similarity of the essential elements rather than minor differences.
The court also explained that consumers purchasing luxury vehicles are generally expected to exercise a higher level of attention and awareness due to the nature and high value of such products, reducing the likelihood of confusion or deception caused by visually similar trademarks.
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