Is Huawei going to overturn this time? Hongmeng trademark, others registered 10 years ago, Huawei loses the lawsuit

For Huawei's Hongmeng system, I believe everyone is "like thunder". After all, since it was released in August 2019, it has been hot, and it is often mentioned and expected.

According to Huawei's plan, Huawei mobile phones that meet the requirements will be pushed to Huawei mobile phones in early June, and Huawei mobile phone users can truly "replace the Android system overnight".

However, as the launch of the Hongmeng system is getting closer and closer, today there is a very unfavorable news for Huawei, that is, the Hongmeng trademark that Huawei applied for has been rejected.

According to media reports, on May 12, Huawei Technologies Co., Ltd. and State Intellectual Property Office other first-instance administrative judgments were published. There are existing similar trademarks, so the lawsuit of Huawei Technologies Co., Ltd. is rejected.

This matter may start in May 2019. At that time, the Huawei Hongmeng system had not been launched. Huawei should have preliminarily determined that the system name is "Hongmeng", so on May 20, it was submitted to the State Intellectual Property Office. The trademark registration application for "Hongmeng" was filed.

But in 2020 5 month, the State Intellectual Property Office rejected the application and issued the "Shangpingzi [2020] No. 145059 "Hongmeng" Trademark Rejection Review Decision. Because there are already similar trademarks, it is easy to cause confusion among consumers.

So what is the confusing trademark? In fact, there are two, one is in December 2010, Beijing Coast Hongmeng Standard Material Technology Co., Ltd. applied for the "Hongmeng" trademark. The category is cosmetics.

There is another In 2011 9, Hebei Hongmeng Advertising Development Co., Ltd. also applied for the "Hongmeng" trademark. The category is 42 categories, that is, computer and software, cloud computing, software development and maintenance, etc.

The first "Hongmeng" category is different, it doesn't matter. However, it is obvious that the "Hongmeng" applied by Huawei is similar to the trademark applied by Hebei Hongmeng Advertising Development Co., Ltd. Both are called "Hongmeng" and belong to 42 categories, which are also computer and software, cloud computing, software development and maintenance, etc.

So in May 2020, the State Intellectual Property Office rejected Huawei's trademark application . However, Huawei refused to accept it, so it took the State Intellectual Property Office to court in August 2020, requesting to revoke the "decision letter of rejection of the application" issued by the State Intellectual Property Office, and to apply for relevant trademarks of Huawei.

However, from the current point of view, Huawei still lost and failed to win the lawsuit . In fact, judging from the facts I said above, the State Intellectual Property Office has legitimate reasons, legal procedures, and applicable laws and regulations. correct.

Many other people say that the other party squatted with , which is pure nonsense. Huawei previously said that the Hongmeng system started in 2016, but it did not apply for a trademark until 2019. These two companies, one applied in 2010 and the other in 2011, were five years earlier than Huawei Hongmeng's so-called R&D time in 2016, and nine years earlier than Huawei's own application.

Next, Huawei has three options. One is to continue the lawsuit against , but I believe that there is little chance of winning. Just look at the process I mentioned above to understand the specific facts. The facts are clear and simple. It can be said that it is difficult to win, because Huawei There is indeed a lack of factual and legal basis.

The second is the renaming of the Hongmeng system, but at present, "Hongmeng" has already formed such a big influence in China, and it is unlikely that Huawei will change its name. Once the name is changed, the loss will be too great.

The third is to buy this trademark from Hebei Hongmeng Advertising Development Co., Ltd. As for how much it will cost, it depends on the buyer and the seller.

It can be said that in naming itself "Hongmeng", Huawei has indeed "overturned". It did not consider the matter of trademark before, and the lawsuit also lost.

#Huawei Hongmeng trademark application rejected #