Huawei won trademark dispute against Under Armor in case refile, doesn’t creates any confusion

It was reported that Huawei has lost a trademark case dispute but the company has refused to accept the judgment and filed an appeal that its trademark doesn’t clash with any other existing one.

The court found that the design of Huawei’s graphic trademark No. 26522076 represents the initials of Huawei’s main logo “Huawei” and doesn’t continues the similar trademark citing “Under Armour”.

Therefore, the previous decision on this matter along with its compliances is incorrect according to the law and shall be revoked, as this new judgment is sealed as final.

To be mentioned, the first instance administrative judgments of Huawei Technologies and the State Intellectual Property Office was published on June 2 with case No. (2021) Jing 73 Xing Chu No. 592.

For this case, the trial court was the Beijing Intellectual Property Court, and the result of the judgment was to reject the plaintiff filed by Huawei.

The first instance of this trademark dispute includes “MEETIME”, which is a pure word trademark of Huawei and applied for registration in Juel 2019.

Huawei disputed that the disputed trademark is a contrived word, meaning “My Time”, and The two cited trademarks have obvious differences in meaning, overall visual effects, etc., and do not constitute similar marks.

Also, the graphical trademark is associated with the owner company, not as a product itself and has been used in multiple products.

Similar to the trademarks in dispute, the new trademark has been approved for registration and there are multiple sets of trademarks with only one letter difference, and the registration is approved after the reviewing process.

The trademark has a certain reputation, long been used in public, and formed a unique correspondent with a plaintiff, which will not cause any confusion or misunderstanding.

Eventually, the court agrees with this appeal application and revoke the decisions of the defendant, and made a new decision in favor of the defendant.

(via – ithome)