Today, Beijing Intellectual Property Court gave the first instance judgment on Huawei’s appeal against the State Intellectual Property Office for the rejection of the Hongmeng trademark.
To be mentioned, Hongmeng is the Chinese name of the HarmonyOS, the trademark has been in controversy once before.
The court has rejected the plea of plaintiff Huawei filed because it was dissatisfied with the decision of the rejection of the “Hongmeng HongMeng” trademark by the State Intellectual Property Office.
The lawsuit was refused because the disputed Hongmeng HongMeng trademark was found similar to cited trademark Hongmeng in terms of text composition, call, meaning, and have constituted similar trademark signs.
However, if the trademark was passed and used together with cited trademark then it will definitely cause confusion and misidentification of services among the consumers.
According to the information, this trademark’s international classification was involved 38 types of communication services. To be mentioned, Huawei had filed a plea against 42 types of “Hongmeng” trademarks, which were also judged similarly.
In this dispute case plaintiff Huawei’s clarifications:
- The overall meaning of the disputed trademark and cited trademark is distinct and does not constitute a similar trademark used for the same or similar services.
- The cited trademark has been in the process of revocation of non-use for three consecutive years, and the state of rights is unstable, and the trial of this case is requested to be suspended.
- The trademark in dispute is the original design of the plaintiff, which has been well-known after long-term publicity, which will not cause confusion and misunderstanding by the relevant public.
On the other hand, the defendant argued that the facts were clear, the applicable law was correct, and the procedures were legal and requested the court to deny the plaintiff’s request for trial.