Audi fails to register “Vorsprung” which is ruled as non-distinctive.

AUDI AG’s trademark application for 「Vorsprung durch Technik」is found by the Supreme Administrative Court to lack distinctiveness thus not registrable as a trademark. The decision has become final.

Audi has filed the mark 「Vorsprung durch Technik」 back in 2009, and scores of goods and services across three classes, including sports car, travel wagon, race car, attaché case, hand bag, car maintenance and many others, were designated.

The Taiwan IPO maintains that the mark at issue carries the significance of “leading with technology”, which is considered to be phrase that is highly descriptive,  promotional and even advertizing, but not a symbol to distinguish the source of certain goods or service, therefor could not be deemed to be distinctive, thus may not be registered.

On the other hand, Audi argues that the mark at question was especially created by Audi AG, and it is meant to symbolize the fact that the worldwide well known Audi motors are born of German technological efficiency. It was also emphasized that the word 「Vosprung 」is unique and distinctive, and there is no equivalent of this word in the English language.

However, the Supreme Administrative Court indicates that the mark at issue simply signifies that the mark owner’s product or services are of very high quality, yet for market like Taiwan where the German language is rarely understood, such mark may not be distinctive, hence is not registrable under the trademark law.  (2011.07)
/JK