Lincoln, a global well- known automobile manufacturer brand, owned by Ford, staged a comeback to Chinese markets, six years after a temporary withdrawing from Chinese markets in 2008, on April 17 this year. However, its come-back encountered a trademark registration failure. In a first- instance decision made by Beijing No.1 Intermediate People’s Court, registration of LINCOLN as a trademark on Class 35 was rejected.

On December 2011, Ford filed the No. 10303962 registration of LINCOLN as trademark on Class 35, service of cargo exhibition and sales of automobile and auto-parts.

Almost one year later, in September 2012, the Trademark Office under the State Administration For Industry And Commerce(SAIC) rejected Ford’ s application. Ford then brought the case to the Trademark Review and Adjudication Board (TRAB) under SAIC and seeks review. TRAB held that the questioned trademark is purely an English word, similar with the No. 915780 trademark LINCOLN and No. 9395291 trademark LINCOLN ASSOCIATES, which could cause comfusion to consumers. TRAB also held that Ford’s evidences failed to demonstrate that LINCOLN , as a trademark, has gained popularity among the Chinese customers. As a result, Ford’s application was dismissed. Disgruntled Ford then brought the case to the court. However, the court rejected Ford’s application.

Dating back to 2005, Lincoln once accessed to the Chinese markets. However, it exited China after three years of poor market performance. In 2014, Lincoln was invested billions of dollars by Ford, demonstrating its determination to explore Chinese markets once again. And it is the most important part of Ford’s ambition and plans to win advantage globally.

Founded in 1917, Lincoln has been a subsidiary of Ford since 1922 and later developed into a world famous automobile brand. Its framed, four-pointed star brand image was designed to memorize President Abraham Lincoln’s efforts to preserve the Union and abolish slavery.

(by Yang Liu)

(Source: CHINA REPORT INTELLECTUAL PROPERTY)