Apple should settle ‘Vision Pro’ with Huawei

The news of the “Vision Pro” trademark by Huawei is wreaking havoc in the world of Apple and on the internet, which leads us to a suggestion that the iPhone maker should settle it with ease.

According to the information, Apple has two ways to approach Huawei. First Apple can pay Huawei to transfer the Vision Pro trademark. China National Intellectual Property Administration (CNIPA) has various provisions to support the transfer of trademark rights.

However, it requires the two parties as well as the consent of the first party/real owner. These types of handovers could also happen based on royalty. It means the second party will have to pay a part of each sale or proposed sale to the first party. Another transfer term is to support free-of-cost transfer but Huawei may not agree on this.

Aside from the trademark transfer, Huawei can take a straight way by renaming the device to a different title.

What will happen if Apple will release with the same name?

On May 16, 2019, Huawei authorized the “Vision Pro” name trademark in China with application number 38242888. The Chinese tech maker has the right to use this trademark until November 27, 2031 (still 8 years). This patent explains Huawei’s Vision Pro trademark under product and services, LCD TVs, head-mounted virtual reality devices, radio devices, and more.

Ahead of this time, if Apple launches the Vision Pro product in China with the same name, It will fall under trademark and copyright infringement laws. Therefore, It will have to pay the damage amount to Huawei and this might not the outcome that Apple wants.

Huawei’s Position:

Chinese industry analysts said that Huawei registered the product trademark a long time ago and there’s no preemption noted in this case. Also, Huawei has notified the scope and the categories of this trademark in the filing.

To prove this, Huawei already launched smart glasses and smart TV series with the initial “Vision”. These products are in effect since 2019. Therefore, Huawei has the right to defend itself and also to settle the “Vision Pro” trademark if Apple wants to engage in any legal transfer.