Chinese newcomer Nio faces trademark challenge from Audi in Australia

Audi could be standing in the way of plans by Chinese electric-car brand Nio to launch in Australia by 2025.

Chinese electric-car start-up Nio hasn’t begun selling its cars in Australia yet, but already it’s facing its first obstacle.

Audi has opposed trademark filings from Nio over the names of its forthcoming models, which the luxury German brand claims too closely resemble the badges of its own cars.

According to information published on IP Australia – the Federal Government’s patent and trademark website – Audi has opposed Nio’s trademark applications for the nameplates ‘ES6’, ‘ES7’, and ‘ES8’.

Audi currently offers the S6, S7, and S8 performance models in Australia, and claims the Nio badges are in violation of local trademark laws.

In its submissions, representatives for Audi say the “use of [the trademarks] is contrary to law,” and are “likely to deceive or cause confusion” due to being “substantially identical or deceptively similar [to its own trademarks]” – which it asserts have acquired a reputation in Australia.

It’s common industry practice to add ‘E’ to the start of a model name in order to distinguish the electric version, such as the Peugeot e-208, Ford E-Transit, and the LDV eT60 and eDeliver 9.

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However, there are also examples of vehicles sharing badge names – including the Mazda 3, the Tesla Model 3, and the Polestar 3.

While Audi first notified authorities of its intention to oppose the trademark filings in December 2022, the two parties have only now reached the point of waiting for a hearing for their arguments to be heard.

Nio first unveiled the electric ES8 SUV in December 2017, with its dual electric motors producing 480kW and 840Nm for a claimed 0-100km/h sprint time of 4.4 seconds, and a claimed driving range of 355km – or up to 500km with a larger optional battery.

In December 2018, the Nio ES6 was revealed as the company’s smaller and more affordable electric SUV. The vehicle uses an 84kWh battery to power dual electric motors, with a claimed 510km of range and the ability to hit 100km/h from a standstill in a claimed 4.7 seconds.

It wasn’t until June 2022 when Nio showed off the ES7 – a large electric performance SUV with a claimed 930km of range, producing up to 480kW and 850Nm with a claimed 0-100km/h time of 3.9 seconds.

MORE: 2020 Nio ES6 review

The Audi S6 is the petrol-powered performance version of the A6 sedan, with the 2.9-litre twin-turbo V6 producing 331kW and 600Nm for a claimed 0-100km/h of 4.5 seconds – while the S7 is the large five-door hatchback version of the S6.

Meanwhile the Audi S8 – arguably made famous by the Jason Statham film Transporter 2 – is the range-topping performance sedan based on the A8, powered by a 4.0-litre twin-turbo V8, and able to hit 100km/h from a standstill in a claimed 3.8 seconds thanks to 420kW and 800Nm.

In December 2021, Nio announced its intention to launch in 25 regions by 2025 – with Australia assumed to be one of those markets.

Drive approached Audi Australia for comment and this story will be updated with its response.

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