Because the trademark application was 46 days late, Huawei was caught in a trademark war that lasted for several years. Recently, a judgment issued by Beijing Intellectual Property Court showed that Huawei sued China National Intellectual Property Administration in court after HiAI on its core chip was registered by a partner, resulting in invalid trademark application, and lost the first trial.
HiAI is Huawei's AI capability open platform for smart terminals. As a mobile computing architecture innovatively designed on Kirin 970 chip, the system has been upgraded to HiAI 3.0, which supports multi-terminal * * * to enjoy AI computing power. According to the information of China Trademark Network, HiAI, as the ninth kind of commodity trademark, is still in Liangfengtai Shanghai Information Technology Co., Ltd. ..
According to public information, following the launch of the HiAI mobile open platform on 20 17, on 20 18, with the powerful AI computing capability of Kirin 980, Huawei launched HiAI Ecology 2.0 to improve the development and integration efficiency; 20 19 1 1, Huawei released Huawei HiAI 3.0. ?
On 20 17 10 10/0, Huawei applied to China National Intellectual Property Administration Trademark Office for HiAI trademark registration of the ninth category of goods and services. However, on July 8, 20 10, Huawei's trademark registration application was rejected. It turned out that 46 days before Huawei applied for a trademark, on September 25th, 20 17, Liangfengtai (Shanghai) Information Technology Co., Ltd. submitted an application for registration of HiAI Class 9 trademark through an agency. On September 24, 20 18, Liangfengtai applied for an announcement and successfully owned the trademark right of HiAI Class 9.
2019 March 2 1, held in Fuzhou? Born of a party? Intelligent evolution? At the Huawei Eco-Partner Conference in China, Huawei presented Huawei? Value Partner Award? . After discovering that the HiAI trademark was brightened? Rob? After that, Huawei applied to China National Intellectual Property Administration to declare the HiAI No.26602286 registered by Liangfengtai invalid. Huawei believes that Liangfengtai's behavior is prohibited by Article 32 of the Trademark Law (20 14), and it is illegal to pre-register trademarks that have been used by others and have certain influence.
However, Liangfengtai believes that its application for registered trademark is entirely for a beautiful meaning: HiAI, is it English? Hello, artificial intelligence? The meaning of. Hi and Ai are not invented words, and both have positive meanings. That's quite reasonable, but behind this, we all know that there is obvious malicious cybersquatting. Huawei products have been developed, and you use it to grab the note. Everybody knows that. Therefore, China National Intellectual Property Administration made a ruling on April 1 2020: Don't you support Huawei's proposal on Cool Wind Station? Preempt the registration of a trademark that has been used by others and has certain influence by unfair means? This idea. On the basis of other relationships except agency or representative relationship, Liangfengtai registered HiAI trademark on seven kinds of goods such as smart glasses (data processing), which has constituted the situation referred to in the second paragraph of Article 15 of the Trademark Law of 20 14. Therefore, the judgment declared the disputed trademark invalid on the above-mentioned goods and maintained it on the rest of the goods.
This shows that the competition between the two sides for trademarks is in a competitive state. The categories of goods are very similar, all involving AI technology products. If both sides are not careful, they may cross the border, infringe on each other's rights and interests and easily lead to disputes. Therefore, we should take a warning. We should occupy the position of trademarks in the early stage of commodity development to prevent quarreling with other companies, which is not conducive to our own development.