Landwind! The first domestic car brand to be exported to the European market, the first national car brand to complete European standard certification, an independent car company that never takes the ordinary path, once again subverts the ordinary, successfully registers the EU trademark, and takes the lead Chinese car brands have become popular in Europe. Looking back on the journey, Landwind took more than five years, with many twists and turns, to register the EU trademark, interpreting a legendary story of a national brand versus an international brand.
Landwind aims at the EU, but encounters roadblocks
In the more than ten years since the brand was founded, Landwind has always been committed to building a Chinese automobile brand that makes the Chinese people proud, insisting on independent research and development, and taking the lead in Based on local, global brand development path. Entering the EU is an important part of Landwind's globalization strategy. In May 2005, the first batch of 200 Landwind vehicles were shipped to Europe. For the first time, China's own-brand cars set foot on European soil. Landwind achieved the highest level of breakthrough in China's automobile export access threshold. In January 2009, Landwind Motor became the first domestic automobile manufacturer to complete European standard certification. Landwind SUV products can now be sold throughout the European market.
In order to further expand the EU market, Landwind Motor decided to apply for registration of the "LANDWIND" trademark in the EU. In October 2005, it submitted a registration application to the EU Internal Market Coordination Office. In July 2006, the European Union's Office for Harmonization in the Internal Market issued a registration announcement for the "LANDWIND" trademark. However, just when Landwind was eagerly anticipating the registration to be approved, a roadblock came in the way. In October 2006, the British Land Rover Company claimed that the trademarks were similar. , filed an objection to the registration of the "LANDWIND" trademark to the European Union's Office for Harmonization in the Internal Market.
The British Land Rover Company is a long-established automobile company and belongs to the EU system. Its trademarks are well-known and its brand influence in Europe is considerable. How easy is it to win against a powerful local competitor like Land Rover? Based on objective analysis, Landwind proposed a strategy of settling with Land Rover first, given that legal approaches would take a long time and require a lot of investment. In January 2007, Land Rover responded by agreeing to Landwind's settlement proposal.
Land Rover believes that: Land Rover’s “LANDWIND” trademark has similarities with Land Rover’s “LAND ROVER” trademark, and the products belong to the same category, which can easily cause confusion among consumers; at the same time, Land Rover’s trademark has a long history and wide influence, and Land Rover has The European Union registered the "LANDWIND" trademark, which is suspected of leveraging the brand influence of Land Rover's "LAND ROVER" trademark. Land Rover's intention to prevent the Landwind trademark from being registered in the EU is clear, but Land Rover is also determined to register the Landwind trademark in the EU. Lu Feng believes that, first of all, the two trademarks have different compositions, pronunciations and visuals; secondly, there is no similarity in meaning between WIND and ROVER; thirdly, there is no reason for Land Rover to have the exclusive right to use the word "LAND".
In addition, Landwind also learned a piece of strong evidence to attack its opponents: LAND CRUISER (Toyota Land Cruiser) has also been registered in the EU. Since consumers do not confuse "LAND ROVER" and LAND CRUISER, how can they confuse "LAND ROVER" and "LANDWIND"? Faced with Lu Feng's strong evidence, Land Rover was at a loss for words.
In September 2007, Land Rover submitted an application to the European Union for Harmonization in the Internal Market to terminate negotiations, and the negotiation period between the two parties was terminated. Afterwards, Land Rover and Landwind submitted objection materials and response materials to the European Union's Office for Harmonization in the Internal Market respectively. In February 2008, the two sides entered the final debate stage.
In May 2008, Land Rover received the final statement from Land Rover. This document contained no new ideas except the subjective judgment that its "LAND ROVER" trademark was similar to the "LANDWIND" trademark. Word. Lu Feng used the precious time in the final debate stage to find a series of strong evidence. Among them are materials related to Landwind's participation in the Frankfurt Motor Show. Landwind appeared on the same stage as Land Rover at the famous European auto show, which did not cause any confusion. There is also information that Landwind cars have participated in various international and domestic events including the Malaysian Rainforest Challenge. In these events, no one confuses Landwind with Land Rover.
What is more worth mentioning is that Lufeng’s “LANDWIND” trademark has been registered in 38 countries among the member states of the “Madrid Agreement”, and in these countries, the “LANDWIND” trademark has never occurred There is confusion or ambiguity among consumers with "LAND ROVER". These are irrefutable evidence of fact. On August 26, 2008, Lufeng submitted the final supplementary defense materials to the European Union's Office for Harmonization in the Internal Market.
A desperate counterattack to welcome the dawn of victory
Everything that needs to be done has been done, and the next step is to wait quietly. Did you know that the European Union's Office for Harmonization in the Internal Market favorably adopted Land Rover's subjective judgment evidence and ruled in February 2010 that the winner of the trademark dispute between Landwind and Land Rover was Land Rover!
For the EU Office for Harmonization in the Internal Market to favorably adopt Land Rover’s subjective judgment evidence, ignore Land Rover’s fact-based evidence, and make a judgment in favor of Land Rover, Land Rover resolutely fought back and filed a complaint with the EU Objection Review Committee in April 2010. An appeal application was filed. After careful preparation, Landwind showed its trump card: LWMC, Landwind's European agent, had won the Land Rover trademark dispute case in 2008. Since LWMC won first in the trademark dispute between LWMC and Land Rover, the EU Office for Harmonization in the Internal Market should also rule that Landwind was the winner in the trademark dispute between Land Rover and Land Rover. Otherwise, it means that the same judgment institution has made completely opposite judgments on the same case, which makes no legal sense.
Faced with irrefutable evidence, in June 2011, the European Union’s Second Appeal Committee had no choice but to make a ruling and approve the “LANDWIND” trademark to be registered and protected in the EU. In November 2011, Landwind’s “LANDWIND” trademark finally officially obtained the EU registration certificate! Starting from the formal application for registration in 2005, this protracted trademark rights protection battle finally ended with Lufeng winning.