AsianFin – The Australian Judgments and Decisions Enhanced (JADE) platform has revealed that the Australian Intellectual Property Office has dismissed Audi's opposition to NIO's trademark applications for "ES6," "ES7," and "ES8" in Australia. The ruling allows NIO's trademarks to proceed with registration in the country.
The Australian Intellectual Property Office concluded that the trademarks of Audi and NIO are "significantly distinct overall and do not constitute substantive similarity."
The decision also addressed multiple aspects of Audi's claims, including whether NIO's trademarks constituted free-riding on Audi's reputation or caused consumer confusion, violated the Consumer Law, or constituted unfair competition. The office upheld NIO's arguments in each instance, rejecting Audi's allegations.