“TOYOTAT”permitted to be used on bags

The Trademark Review Board (TRB) under the State Administration for Industry and Commerce recently made a determination on Complaint 1268099, petitioned by TOYOTA Automobile Company, that the trademark TOYOTAT, owned by the respondent, a private person by the name of Liu, is permitted to be registered under the Class 18.

During the proceedings, TOYOTA asserted that its registered trademarks TOYOTA (No.135093, the cited trademark) and 丰田 are familiar among the Chinese consumers. With a mere addition of a letter T to the end of the cited trademark, TOYOTAT forms a similar trademark with the cited trademark. Though the trademark in question is used in a different class from automobile, TOYOTA is a distinctive well-known mark and claims rights in an expanded scope.

A TRB panel then made the above determination based on the evidences presented by the two parties.