BMW’s Iconic MINI brand secures UK trade mark victory against BYD’s “DOLPHIN MINI”

UKIPO finds proposed trade mark would create a likelihood of confusion with BMW's iconic MINI trade marks and take unfair advantage of its reputation

 

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BMW has won a significant trade mark dispute against Chinese automotive manufacturer BYD, successfully preventing the registration of "BYD DOLPHIN MINI" in the United Kingdom for cars and a range of car parts.

In her decision of 11 May 2026 (O/0401/26), the Hearing Officer of the UK Intellectual Property Office (UKIPO) upheld BMW's opposition in relation to automobiles, motor cars, self-driving cars, vehicle bodies, chassis and related car parts. The Hearing Officer found that by reason of its inclusion of the term "MINI", BYD's proposed mark would give rise to a likelihood of consumer confusion and would take unfair advantage of the reputation enjoyed by BMW's iconic MINI brand.

The Hearing Officer agreed with BMW that although "mini" is an ordinary English word capable of describing size, as a result of more than six decades of continuous use, substantial sales and extensive marketing it enjoyed a very strong reputation in the UK in relation to cars and its distinctiveness has been enhanced to a high degree in relation to cars. The finding is consistent with the brand's enduring place in British culture. Earlier this year, in a nationwide poll published by the UKIPO to mark the 150th anniversary of the UK trade mark register, MINI was voted one of the UK's ten most iconic trade marks, alongside brands such as Rolls-Royce, Cadbury and the BBC. [Poll reveals public’s most iconic trade marks as register turns 150 - GOV.UK]

The Hearing Officer considered that the crux of the issue in relation to likelihood of confusion was whether an average consumer who was familiar with MINI being used to denote the origin of an iconic British car would think that BYD DOLPHIN MINI indicated a particular model of the MINI car, or a joint venture, licensing agreement or co-branding agreement.

While it was plausible that a part of the relevant public would see MINI in BYD DOLPHIN MINI as referring to the size of the car, an equally significant proportion of consumers would perceive MINI as an independently distinctive trade mark denoting BMW’s MINI cars and parts of such cars. Accordingly, there was a likelihood of indirect confusion for cars and the car parts for which the BYD DOLPHIN mark had been applied.

BMW also succeeded under its reputation-based claim. The Hearing Officer held that use of the contested mark for cars would create a link in the minds of consumers with the MINI marks and this would result in unfair advantage.

Charles Lawless, a Partner at BMW’s law firm Palmer Biggs IP Solicitors, said “This ruling reinforces the exceptional strength of the MINI brand in the UK and demonstrates how extensive consumer recognition can give even a common dictionary word a broad scope of trade mark protection”.

The case is likely to attract attention across the automotive industry and wider brand-owning community. It highlights the continued willingness of the UKIPO to protect established and highly distinctive automotive brands from third-party applications that risk creating an association in consumers' minds and capitalising on valuable brand reputation.

BMW was represented throughout the opposition proceedings by Palmer Biggs IP Solicitors. The successful outcome reinforces the importance of proactive trade mark enforcement strategies for owners of well-known brands.