Nio has scored a victory in Australia in its legal dispute with Audi over “ES” trademarks

Nio scores win in Australia in legal dispute with Audi over “ES” trademarks, as the battle, which began three years ago, spreads to more markets. In response to Audi's opposition to Nio's application to register the ES6, ES7 and ES8 trademarks in Australia, the Australian intellectual property authorities decided on November 28 in favor of Nio's core claims 

Nio score wins in its legal dispute with Audi over ES6, ES7 and ES8 trademarks in Australia. Audi's opposition request was rejected, the Australian intellectual property authorities decided on November 28 in favor of Nio's core claims, The dispute began three years ago, in October 2021, when Audi claimed that the Nio ES6 and ES8 naming infringed on Audi's trademark rights for the S6 and S8, and sued the Chinese electric vehicle (EV) maker in Munich, Germany. In January 2023, Audi won a first-instance judgment at the Munich district court, where Nio was accused of naming its models too similarly to Audi's. In April 2023, Munich's higher regional court ruled in a second-instance judgment that Nio's naming of two models infringed on Audi's trademark rights. 

The Nio brand actually delivers 8 models in China -- ES8, ES7, ES6, EC7, EC6, ET7, ET5, ET5 Touring. The ET9, which was unveiled last December, is expected to begin deliveries in the first quarter of 2025. As a result of the legal dispute, Nio has rebranded its ES range of models in Europe as the EL range: for example, the ES8 has been rebranded as the EL8, the ES7 as the EL7 and the ES6 as the EL6. The practice has been carried over to other markets, as the company expands its overseas operations beyond Europe this year. In Australia, 

Audi claimed that Nio's ES6, ES7, and ES8 trademarks are too similar to Audi's existing S6, S7, and S8 trademarks, with the E standing for Electric only. Nio asserted that the presence of E as an initial creates a clear distinction from Audi's S6, S7, and S8, and that E has diverse meanings in car naming, denoting not only electric. Nio's marks as a whole present different visual and aural differences that do not lead to consumer confusion, the Chinese EV maker claimed. The Australian intellectual property authorities ultimately found that Audi's and Nio's marks were significantly different and not substantially similar.

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