Audi fails to prevent NIO from using the ES name for its electric SUVs globally

As you probably already know, in some European markets such as Germany and Norway, the Chinese manufacturer NIO was forced to change the “ES” prefix in the name of its electric models to “EL”. This change was the result of a legal dispute with Audi, which sued the Chinese manufacturer before European authorities, arguing that the “ES” naming infringed its registered trademark rights due to its similarity to the “S” and “RS” prefixes the Ingolstadt firm uses in the names of some of its vehicles.

That is why, in these European markets, the ES6, ES7 and ES8 SUVs, which currently make up the Chinese manufacturer’s electric lineup along with the ET7, ET5 and ET5 Touring saloons, have been renamed EL6, EL7 and EL8.

Audi is not, however, having the same success with its claim in other markets outside Europe. According to a recent report, the dispute between the two manufacturers has taken a different course in Australia, where local authorities have allowed NIO to keep these names without changing them to “EL”, as it had to do in the German or Norwegian markets.

Looking back

This trademark controversy dates back to October 2021, when NIO planned to launch its ES6, ES7 and ES8 electric SUVs in Germany, using the same name it already used in China. At that time, Audi considered that these names could confuse consumers with its S6, S7 and S8 sports models, so it filed a lawsuit with the Munich Regional Court. After a trial and an appeal, the German court ruled in favour of Audi in early 2024.

Following this victory in its home country, Audi extended the legal battle internationally. The four-ring firm also tried to block NIO’s use of these prefixes in the names of its vehicles in Australia, but the Australian intellectual property office has finally rejected this opposition, allowing the Chinese manufacturer to proceed with registering its trademarks in that country.

Currently, NIO has eight models in its lineup: the ES8, ES7, ES6, EC7, EC6, ET7, ET5 and ET5 Touring. In addition, the ET9 is scheduled for launch in the first quarter of 2025. In Germany and other European markets such as Norway, NIO sells six of these eight vehicles, as the EC6 and EC7 are not on sale.