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According to the objection decision published by the National Intellectual Property Administration on October 20, 2021, the trademark objection application filed by the dissident Apple against Huawei Technologies Co., Ltd. has reached a final conclusion in favor of Huawei., and the National Intellectual Property Administration rejected Apple's objection request.
Apple claimed that Huawei's trademark No.43609852 ("HUAWEI MATEPOD") and trademarks No.27962854 ("POD"), No.5414981 ("IPOD"), No.11416839 ("EARPODS") and No.17636443 ("AIRPODS") constitute similar trademarks on similar goods, and claimed that Huawei maliciously imitates and plagiarizes its certified trademarks, violating the principle of good faith and causing adverse social impacts
According to CNIPA, the goods designated for use by the disputed trademark are similar to those approved for use by the disputed trademark in terms of functional use, sales channels and consumption objects, and belong to the same or similar goods. However, the English letters of the trademarks of both parties are different in composition, and their pronunciation and overall appearance are obviously different. Therefore, the trademarks of both parties do not constitute similar trademarks used on similar goods, and normally the coexistence of trademarks used on similar goods does not cause confusion and misunderstanding among consumers. The opposing party lacked sufficient evidence to back up its claim of malicious imitation and plagiarizing conducted by the opposed party on the cited trademark, nor could it render a factual basis to prove that the registration and use of the trademark violated the principle of good faith and easily caused adverse social impact.
As per the relevant provisions of China's Trademark Law, Apple can apply to the CNIPA for invalidation of trademark No.43609852 ("HUAWEI MATEPOD") of Huawei in the future, and we will continue to pay attention to the progress of the case.