In the afternoon of June 17, the Tianyancha App showed that on June 17, the second-instance administrative judgment of Huawei Technologies Co., Ltd. and the State Intellectual Property Office was published. Case No. (2021) Jing Xing Zhong No. 1861. The trial court was the Beijing Higher People’s Court. ,This decision is final.
According to the judgment, the disputed trademark is the graphic trademark No. 26522076 that Huawei Technologies Co., Ltd. applied for registration in September 2017, and the cited trademark four is the registered graphic trademark No. 8541511 of Ande Ayu Co., Ltd. (Ande Ma).
Previously, the State Intellectual Property Office of the appellee (defendant in the original trial) ruled that the registration application for the designated use of the disputed trademark on smart phones and network communication equipment products shall be preliminarily reviewed, and the registration application for the designated use of the disputed trademark on the remaining review products shall be rejected . The court of first instance held that the disputed trademark was similar to the cited trademark four and therefore did not support Huawei’s litigation request.
The court of second instance held that the composition concept of the disputed trademark and the cited trademark 4 are different, and the design style, overall appearance, and relevant public identification are different. If the two are used on category 9 goods such as downloadable computer application software, they can be used. Distinguishing, the disputed trademark and the cited trademark 4 did not constitute similar trademarks, and the original judgment and the accused decision were incorrectly identified, and this court shall correct them.
The result of the judgment in this case was that the State Intellectual Property Office made a new decision on Huawei Technologies Co., Ltd.’s application for refusal of the graphic trademark No. 26522076.
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