Chery and Tencent's legal dispute over QQ trademark reaches a conclusion

Gasgoo.com (Shanghai September 16) - Ask anybody in China what QQ is, and if they're not pointing out to Tencent's widespread QQ instant messaging program, they will answer Chery's QQ automobile. Tencent's QQ program is the most common of its kind used in the country, while sales of the Chery QQ have already broken the one million mark. Although both companies are not direct competitors in any market, they have been debating over the QQ name for 11 years now. However, according to a report appearing in the Beijing Daily earlier this week, it seems that struggle is nearing a fated conclusion. According to a decision made by the Higher People’s Court of Beijing, the QQ trademark as it applies to the automotive industry is the exclusive property of Chery Automobile; Tencent has been order to immediately remove the QQ name from any automobile-related products.

The confrontation between the two companies over the QQ name dates back to 2003. In that year, Chery, which was then planning to release its QQ automobile, sent 12 new trademark application requests to the State Administration for Industry and Commerce's Trademark Office. However, Tencent contested that the QQ name was their property, freezing Chery's application process. In 2005, Tencent followed up by requesting the same 12 trademarks that Chery had, which it was then granted in 2008.

In 2009, Chery contested that Tencent's claims violated several section of the Trademark Law. They sent trademark disputes to the State Administration for Industry and Commerce's Trademark Review and Adjudication Board. The Board eventually sided with Chery, nullifying the trademarks Tencent had obtained. Then, in July 2013, Tencent appealed this decision. The dispute has been continuing in Beijing's courts ever since.

Although Tencent no longer holds the rights to the QQ trademark in the automotive industry, it still possesses exclusive rights the name in other markets. According to a recent report appearing in the National Business Daily, Tencent has registered nearly 2,000 trademarks, with a large number of those using the QQ name. Tencent not only holds right to the QQ name in the telecommunications market, but in other markets ranging from food to dating services.