Current Position: Home > IP News > Enlightenment from Xiaomi's registration of "Xiaomi" trademark!

According to the financial report of Xiaomi group in 2021, it is estimated that the total sales of Xiaomi group in 2021 will increase by 33.5% year-on-year, the total revenue will reach 328.3 billion yuan, and the adjusted net profit will reach 22billion yuan. An increase of 69.5% over the previous year.


In the 618 online promotion launched this year, Xiaomi's Omni channel payment exceeded 2.2 billion yuan in four hours. In addition, in this 618 event, Xiaomi won the double sales of JD / tmall Android phones, JD mobile phone brand won the first place, and Xiaomi 12 won the first place in JD mobile phone sales of 3000~4000 yuan. The first red rice K50 of JD / tmall is the best-selling mobile phone in the price range of 2000-3000 yuan.


Case details

However, with such impressive performance, Xiaomi has encountered a bottleneck in trademark registration. On May 31, the trial information network of Beijing court made a first instance judgment on Xiaomi Technology Co., Ltd. (hereinafter referred to as Xiaomi) and the State Intellectual Property Office on the "Xiaomi" trademark.

The judgment held that the "Xiaomi" trademark constituted the situation stipulated in Article 30 of the trademark law and was sufficient evidence for rejecting the product review application for trademark registration. Article 30 of the trademark law provides as follows. "Where the trademark applied for registration does not conform to the relevant provisions of this law, or is the same as or similar to the trademark registered or pre approved by others on the same or similar goods, the patent office shall reject the application, and the trademark" Xiaomi "shall be rejected by the trademark office.


In this case, Xiaomi claimed that the trademark "Xiaomi" in dispute was the plaintiff's trade name and the Pinyin of the well-known trademark "Xiaomi", and established a one-to-one correspondence with the plaintiff's "Xiaomi" brand. The trademark in dispute is different from the 9 cited trademarks such as "Xiaomi Xiaomi", "Xiaomi Xiaomi" and "Xiaomi Xiaomi" in overall appearance, name and meaning, which do not constitute similarity.

After trial, the court ruled that the relevant trademarks of "Xiaomi" were similar to the cited trademark 1, and the identifying characters of the cited trademarks 1, 3~9 were similar in word composition and name. 3 to 9. The plaintiff's existing "Xiaomi" trademark is different from the trademark involved in this case, and its popularity in this case cannot be simply extended to the trademark involved. Finally, the court rejected the plaintiff's claim.


Case enlightenment

"Xiaomi" trademark does not belong to Xiaomi. That sounds ridiculous. However, Xiaomi is not the only Internet company that has lost a trademark dispute. Previously, the trademark "pinxixi" of pinduoduo Shanghai dream seeking information technology Co., Ltd. was rejected by the court.

In the first half of this year, Xunming and the State Intellectual Property Office made their first administrative judgment. The document shows that the relevant trademark is "Pinxi". Previously, the State Intellectual Property Office rejected the application for registration on the ground of violating Article 30 of the trademark law.


Dream seeking company filed an appeal and held that the trademark in dispute was widely used by Internet users and established a unique relationship with the plaintiff, which did not constitute a trademark similar to the cited trademark "pinduoduo". The court overturned the decision of the State Intellectual Property Office to file a lawsuit.

After hearing, the court held that the trademark involved in the case was composed of the words "Pinxi" similar to the quoted trademark "pinduoduo", and the text composition was similar to the overall visual effect, so the search was limited. Finally, the claim of seeking dream was rejected.

How can enterprises avoid the above situation? The best practice is to lay out the trademarks as early as possible to avoid problems and minimize the opportunities for such trademark litigation.

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