Shulou(Shulou.com)11/24 Report--

CTOnews.com September 15 news, September 14, Xiaomi Technology Co., Ltd. and the State Intellectual Property Office related cases second trial administrative judgment public.

According to the documents, Xiaomi had previously applied for registration of graphic trademarks for clothing, shoes and hats, and the State Intellectual Property Office rejected the application on the grounds that it constituted an approximate trademark with the cited trademark. The court of first instance upheld that the disputed trademark and the cited trademark (No. 35474476 "JEX" trademark) constituted similar trademarks, but approved the application for registration of the disputed trademark in the finished baby clothing goods, ruled to cancel the decision of the State Intellectual Property Office to be sued, and made a new decision by it.

▲ Lei Jun handwritten signature trademark applied by Xiaomi

Jex trademark of a clothing limited company cited

Xiaomi Company refused to accept the judgment of the original trial and filed an appeal to the Beijing City Higher People's Court, requesting a new determination of the fact that the cited trademark constituted an obstacle to the prior right of the trademark in dispute. The main reason is that the trademark in dispute is the handwritten signature of Lei Jun, the legal representative of Xiaomi Company, which is the abstract signature of Chinese characters and will not cause confusion and misunderstanding among the relevant public.

CTOnews.com understands that the court of second instance held that although the disputed trademark as a whole was artistically treated and there were certain differences from the cited trademark, it was not enough to distinguish the relevant public under the condition of general attention isolation observation. Finally, the court ruled to reject Xiaomi's appeal and uphold the original judgment.

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