Huawei has not applied for trademark registration for a long time

 Huawei has not applied for trademark registration for a long time

HIaI is Huaweis AI capability open platform for intelligent terminals. As a mobile computing architecture innovatively designed on Kirin 970 chip, the system has been upgraded to hiai3.0 to support multi terminal sharing of AI computing power. According to China Trademark website, hIaI, as a class 9 trademark, is still in the hands of liangfengtai (Shanghai) Information Technology Co., Ltd. (hereinafter referred to as liangfengtai).

Huaweis hIaI mobile computing organization

The State Intellectual Property Office has ruled that the hIaI trademark registered by liangfengtai is invalid in seven commodities such as intelligent glasses and data processing equipment, but it is legal in 3D glasses, head mounted virtual reality devices and portable multimedia players.

Behind the trademark lawsuit, Huawei and liangfengtai are still applying for different categories of hIaI trademarks. The competition for this trademark extends from the court to the registration.

Related intellectual property experts on surging newsuff08 www.thepaper.n uff09That is to say, different commodities in the same category belong to different subjects, which is easy to lead to disputes and cognitive bias in the market. The heated trademark competition is not conducive to the commercial development of stakeholders, and the inflow of disputed Trademarks into the market also has adverse effects on the business order.

46 days late, the trademark has been in the hands of others

On September 2, 2017, at the international consumer electronics exhibition held in Berlin, Germany, Huawei officially released the worlds first mobile AI chip Kirin 970.

According to the previous report of surging news, the biggest feature of Kirin 970 chip is that it has set up a special AI hardware processing unit NPU (neural network) to process massive AI data. The core chip of Huawei adopts hIaI mobile computing architecture, and AI performance density is significantly better than CPU and GPU.

On September 25, 2017, Huawei also showed the artificial intelligence features of its hIaI to the media. According to the public data, following the launch of hIaI mobile open platform in 2017, Huawei launched hIaI ecology 2.0 in 2018 under the powerful AI computing power of Qilin 980, to improve the development integration efficiency; in November 2019, Huawei released Huawei hiai3.0.

Huawei begins to layout hIaI brand

According to Sina Technologys report in November 2019, Huawei hIaI has more than 4000 partners and nearly 100 million users.

On November 10, 2017, Huawei applied to the Trademark Office of the State Intellectual Property Office for registration of the hIaI trademark for the ninth category of goods and services. However, on July 10, 2018, Huaweis trademark registration application was rejected.

It turns out that it was 46 days earlier than Huaweis trademark application. On September 25, 2017, liangfengtai (Shanghai) Information Technology Co., Ltd. submitted an application for registration of hIaI class 9 trademark through an agency. On September 14, 2018, liangfengtais application was announced and successfully owned the hIaI class 9 trademark right.

HIaI trademark obtained by liangfengtai company

Huawei failed to apply for the other partys trademark all invalid

Huawei is no stranger to liangfengtai. On the contrary, both sides are important partners.

According to the evidence submitted by Huawei to the court later, as early as May 31, 2017, liangfengtai came to Huawei for communication and exchange and held a meeting. Subsequently, both sides exchanged email contacts several times. In June, 2018, Huawei completed the NSA test of the third stage of 5g R & D test, and cooperated with the bright wind station to display the ar5g application commercial scenario. Meanwhile, Huawei also cooperates with Liangfeng station in the field of intelligent terminal, and at digix2018 Huawei terminal global partner and developer conference, it won the Huawei ar win win win cooperation Award.

In addition, on March 21, 2019, Huawei presented its Value Partner Award to its invited partner liangfengtai at the Huawei China eco Partner Conference born from gathering and intelligent evolution held in Fuzhou.

After discovering that the hIaI trademark was preemptively registered by liangfengtai, Huawei applied to the State Intellectual Property Office to declare the Trademark No. 26602286 registered by liangfengtai invalid.

Huawei believes that Liang Fengtais behavior is prohibited by Article 32 of the Trademark Law (2014), and preempts the registration of trademarks that have been used by others and have certain influence by improper means.

However, liangfengtai believes that its application for registration of the trademark in dispute is entirely in good faith: Hi means hello in English, and AI is the abbreviation of artificial intelligence in English. Hi and AI are not invented words, but have positive meanings. It is highly possible for peers to think of it together. They should not be given special preferential treatment because of the huge size and market influence of the plaintiff. Otherwise, it will inevitably violate the free competition in the market.

The State Intellectual Property Office made a ruling on April 1, 2020: it does not support Huaweis claim that liangfengtai uses improper means to preemptively register trademarks that have been used by others and have certain influence. However, it is considered that the registration of hIaI trademark on seven categories of goods such as intelligent glasses (data processing) based on the relationship other than agency or representative relationship has constituted the situation referred to in Article 15, paragraph 2, of the Trademark Law of 2014. Therefore, it was ruled that the trademark in dispute should be declared invalid on the above-mentioned goods and maintained on the rest of the goods.

Huawei takes back some hIaI trademarks

The products that liangfengtai still enjoys hIaI trademark rights are: 3D glasses, head mounted virtual reality devices, and portable multimedia players.

This means that Huaweis claim that Liang Feng Tais hIaI trademark should be declared null and void has not been successful.

Competing for the layout of hIaI, lawyer: sharing trademarks for similar goods is not conducive to development

Huawei refused to accept the ruling of the State Intellectual Property Office and filed an administrative lawsuit with the Beijing Intellectual Property Court on June 4 this year.

Huawei believes that the goods maintained by the State Intellectual Property Office of the peoples Republic of China (SIPO) and the mobile computing architecture used by Huaweis hIaI trademark are closely related in practical application, and should also be identified as the situation referred to in Article 15, paragraph 2, of the trademark law. Therefore, the court is requested to cancel the accused ruling and order the State Intellectual Property Office to make a new ruling.

Liang Fengtai, a third person, believes that the hIaI trademark items maintained by the State Intellectual Property Office are not similar to those that have been invalid by Huawei, and the evidence submitted by Huawei can not prove that it used hIaI in advance.

The Beijing Intellectual Property Court held that the legislative purpose of the second paragraph of Article 15 of the trademark law is to prohibit people who know the existence of other peoples trademarks because of their special relationship, so as to protect the legitimate rights and interests of the previously used unregistered trademarks and maintain a fair market environment. Before liangfengtai applied for hIaI trademark, Huawei did use mobile computing architecture products first, but it is not enough to prove that Huawei also used 3D glasses, head mounted virtual reality devices and portable multimedia players before the registration date of the trademark in dispute. Therefore, the judgment upheld the ruling of the State Intellectual Property Office.

In response to the verdict, a Huawei insider told surging news, Huawei is negotiating with liangfengtai. After all, it is a partner..

Since Huaweis registration application was rejected in July 2018, liangfengtai company has applied for hIaI trademark or English trademark containing hIaI on 41, 35, 38, 42, 45 and other goods, and Huawei has also applied for hIaI trademark on 45, 35, 42, 41, 38 and other commodities, and also applied for hIaI engine and hIaI foundation, with a total of more than 40 applications.

Liu Bin, an intellectual property lawyer at Beijing Zhongwen law office, said, this case shows that the two sides are in a fierce competition for trademarks. The actual situation is that the categories of goods with liangfengtai trademark reserved are very similar to those of Huaweis invalid application, involving AI technology products. If both parties do not pay attention, they may cross the border and infringe upon the rights and interests of the other party, which is easy to cause disputes. The inflow of disputed Trademarks into the market is not conducive to the development of the parties involved in the dispute, but also to the commercial order.

Source: surging news editor: Wang Fengzhi_ NT2541