Nexus Trademark Case to be on Trial

China IP News
China IP News——————

When searching "nexus" in Baidu or Google, almost all of the information points to Google's mobile phone brand "nexus". The mobile phone of Google is marked "nexus" trademark in the United States, but is marked "Motorola" trademark in China. On one hand, Motorola's mobile phone business belongs to Google, on the other hand, Google failed to registered "nexus" trademark on the phone in China, while the trademark was owned by Beijing Ruifengda Trade Co., Ltd. Recently, Beijing Intellectual Property Court received the administrative disputes caused by nexus trademark.

Ruifengda applied "nexus" trademark on mobile phones and other goods in 2007. A natural person named Wang Qinghua submitted the revocation application against "nexus" to Trademark Office under the State Administration for Industry and Commerce of China in January 13th, 2011, acclaiming that Ruifengda' s lack of using the "nexus" trademark for three years. The Trademark Office revoked the trademark. Ruifengda then applied for a review to the National Intellectual Property Administration (hereinafter as CNIPA) under the State Administration for Industry and Commerce. CNIPA held that, the evidence provided by Ruifengda can prove it using the "nexus" trademark on mobile phones and other commodities from January 14th, 2008 to January 13th, 2011, and deciding to maintain its registration for "nexus" trademark on sets of wireless phones, car navigation equipment (vehicle computer) and mobile phones.

Wang Qinghua then filed the administrative lawsuit to the Court. The case will be on trial soon.