Mercedes vs. Sany: Why Trademark Protection Requires More Than Registration

In order to protect its brand, Mercedes often engages in intellectual property disputes.

One example is the dispute between Mercedes-Benz and Sany- a Chinese manufacturer of construction machinery. This case concerned the infringement of the Mercedes trademark, but the Court ruled that the three-pointed star trademark is not infringed by a similar three-pointed star trademark owned by Sany, further stating that there is no ‘link’ made by the average consumer between the two logos which would lead to a ‘clear exploitation on the coat-tails of the mark with a reputation’.

In the meantime, Sany filed an application for invalidation of the Mercedes trademark in classes 7 and 12 on the grounds of non-use. After a thorough examination, the Court rejected the application for invalidation.

Therefore, remember that simply registering a trademark is only the first step! What is crucial is actual action, building awareness among consumers and being proactive in the event of any disputes!