Hongmeng is Huawei's most high-profile trademark in recent years, but its registration has not been smooth. In May 2020, Huawei's application for registration of the "Hongmeng" trademark No. 38307327 was rejected by the State Intellectual Property Office on the grounds that it had constituted the situation referred to in Article 30 of the Trademark Law of the People's Republic of China. The legal team of
Zhichan.com pointed out that Article 30 of the so-called "Trademark Law" refers to, "A trademark for registration shall not comply with the relevant provisions of this law or have been registered with others on the same commodity or similar commodities. Or if the preliminarily approved trademarks are identical or similar, the Trademark Office will reject the application and will not make an announcement.”
According to public information, two companies currently have registered trademark information related to “Hongmeng”, including Beijing Coast Hongmeng Standard Material Technology Co., Ltd. Company and Hebei Hongmeng Advertising Development Co., Ltd.
Although Huawei has made a claim, the Beijing Intellectual Property Court believes that Huawei's claim is not supported by insufficient basis, and its request is rejected.
And just a few days ago, Huawei officially opened the official Weibo of "Huawei HarmonyOS". At present, multiple sources show that Hongmeng, the third largest mobile operating system besides Android and iOS, is expected to officially start large-scale push as soon as June. The rejection of the trademark is like a bolt from the blue for Huawei.
In fact, Huawei is forward-looking in the intellectual property . Huawei has long realized that in the world situation where the patents of the operating system of smartphones are all in the hands of the foreign enterprise , if Huawei does not want the future If you are stuck in your neck, you have to develop your own operating system, so in 2012, the own operating system "Hongmeng" has been planned. When the Sino-US trade war broke out, the development of Hongmeng system has continued to approach 7 years. However, compared with 7 years of research and development, Huawei's trademark planning is slightly less than . It was not until May 2019 that it applied for the registration of the "Huawei Hongmeng" trademark. It can be said that Huawei's registration of the Hongmeng trademark is more than one step late.
For technology companies like Huawei, Class 42 trademarks must be registered. The above-mentioned Beijing Coast Hongmeng Standard Material Technology Co., Ltd. has registered a relatively similar trademark in 2010. In May 2019, a company called Huizhou Qibei Technology Co., Ltd. also applied for the registration of the "Hongmeng" trademark with Huawei at almost the same time, so Huawei had to and , and registered a large number of "Huawei Hongmeng" trademarks. The
trademark is the logo of an enterprise, and more importantly, it is the concentrated expression of the corporate image and reputation. The enterprise transmits the brand concept and corporate culture to the consumer through the trademark. The trademark increases the value with the development of the enterprise, and the trademark also becomes the retained consumption. important factor. According to the "2020 5G Terminal Consumption Trend Report" released by China Mobile Terminal Laboratory, Huawei is the mobile phone brand with the highest user loyalty and inflow probability, of which retention intentions reached 74.6%.
The Hongmeng system has been closely tied to Huawei under the propaganda and rendering of these years, and the social recognition of the trademark is extremely high.After the official Weibo of Huawei Hongmeng was launched, it has captured more than 110,000 fans without posting a single Weibo, which shows the appeal of the Hongmeng trademark. The reason for the right of action.
A product with a trademark and without a trademark will have a completely different status in the minds of consumers. For example, Mercedes-Benz GLS and BAIC BJ90 are basically the same car with a different brand LOGO, but their fates are very different. . The Mercedes-Benz GLS sells for one million, and the sales are so good that the price must be increased, while the BJ90 cannot be sold at a discount of 500,000. Brand is an extremely important intangible asset of an enterprise, but brand is only a business concept, and trademark is a legal concept . If a company wants to ensure its legitimate rights and interests, a registered trademark is essential.
Intellectual property is one of the rules of the modern business world. Huawei is one of the Chinese enterprises that has a good use of intellectual property rights. It is not only far ahead in 5G technology patents, but also respects business rules. As of the end of 2018, Huawei accumulated 87,805 patents have been authorized, and since 2015, intellectual property revenue has exceeded 1.4 billion US dollars.
At present, although the "Hongmeng" trademark has been rejected, Huawei still has a hand. Huawei still holds the trademark "Huawei Hongmeng" in its hands. It can be said that Huawei's perfect intellectual property layout has left a way out for itself.
The rejection of Huawei's Hongmeng trademark is a warning to all companies.
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