Nio Triumphs in Trademark Dispute in Australia, Continues to Use Original Model Names

A trademark dispute between Nio and Audi has led to significant variations in how the Chinese electric vehicle manufacturer brands its models in different markets. In Germany, Nio is required to rebrand its popular electric SUVs, using “EL” instead of “ES” to avoid confusion with Audi’s S models. However, in Australia, the situation has taken a different turn, with the country’s intellectual property authority ruling in Nio’s favor. As a result, Nio will not be required to alter its model names to “EL” in Australia and can continue using the original ES6, ES7, and ES8 designations.

The legal battle began in October 2021 when Nio planned to launch its electric SUVs in Germany using the names ES6, ES7, and ES8, which were already in use in China. Audi, concerned about confusion with its S series models (S6, S7, and S8), filed a lawsuit at the Munich Regional Court, claiming that the names were too similar. Despite a first-round loss, Audi successfully appealed in the spring of 2024, leading to the decision by the Munich Higher Regional Court. As a result, Nio was ordered to adopt the “EL” nomenclature in Germany and several other European markets.

The dispute did not extend as successfully to Australia, however. Audi’s attempt to block Nio’s use of the “ES” names was rejected by Australia’s intellectual property authority, allowing Nio to retain its original naming convention in the Australian market. The outcome means that Nio’s electric vehicle range, which includes the ES8, ES7, ES6, EC7, EC6, ET7, ET5, and ET5 Touring, will continue to feature the “ES” prefix in Australia. Nio is also preparing to release the ET9 in the first quarter of 2025, marking the brand’s continued expansion globally.

This legal dispute highlights the complexities of international trademark rights and the importance of local regulations in shaping how automakers brand their vehicles in different markets. While Nio has been forced to rebrand in Germany and other European markets, its success in Australia signals a victory for the company in its global efforts to establish itself as a prominent player in the electric vehicle sector.