On September 14th, the second-instance administrative judgment of Xiaomi Technology Co., Ltd. and the State Intellectual Property Office-related cases was released.
The document shows that Xiaomi had previously applied for registration of graphic trademarks for clothing, shoes, and hats, but the State Intellectual Property Office rejected the application on the grounds that it was similar to the cited trademark. The court of first instance upheld that the trademark in dispute and the cited trademark ( “JEX” trademark No. 35474476 ) constituted similar trademarks, but the application for registration of the trademark in dispute in finished baby clothes should be approved, and ruled to revoke the sued decision made by the State Intellectual Property Office. and make a new decision.
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| Lei Jun's handwritten signature trademark applied by Xiaomi |
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| The Jex trademark of a clothing company cited |
Xiaomi Company refused to accept the original judgment and filed an appeal with the Beijing Higher People's Court, requesting a new determination of the fact that the cited trademark constituted an obstacle to the prior rights of the disputed trademark. The main reason is that the trademark in dispute is the handwritten signature of Lei Jun, the legal representative of Xiaomi, which is an abstract signature of Chinese characters, which will not cause confusion and misunderstanding by the relevant public.
The court of the second instance held that although the trademark in dispute has been artistically processed as a whole, and there are certain differences from the cited trademark, it is not enough to make the relevant public distinguish it under the state of general attention isolation and observation. In the end, the court ruled to reject Xiaomi's appeal and upheld the original judgment.
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