Screenshot from Beijing Court Trial Information Network
This incident originated in May 2020. At that time, the trademark No.38307327 "HarmonyOS System" that Huawei applied for registration was rejected by China National Intellectual Property Administration on the grounds that it constituted the situation referred to in Article 30 of the Trademark Law of People's Republic of China (PRC).
Article 30 stipulates that "if the trademark applied for registration does not conform to the relevant provisions of this Law or is identical with or similar to a trademark registered or preliminarily approved by others on the same or similar goods, the Trademark Office will reject the application and will not announce it."
According to the information inquired by the court, there are two companies that register the trademark information related to "HarmonyOS System", namely Beijing Coast HarmonyOS System Standard Material Technology Co., Ltd. and Hebei HarmonyOS System Advertising Development Co., Ltd.
In this regard, Huawei gave three reasons, requesting the court to revoke China National Intellectual Property Administration's decision and order him to make a new decision.
The Beijing Intellectual Property Court held that Huawei's request to suspend the trial of this case was insufficient and was not supported. At the same time, China National Intellectual Property Administration rejected the application for registration, with just reasons, legal procedures and correct applicable laws and regulations. Huawei's claim lacks factual and legal basis and is not supported.
In the end, the court decided to reject Huawei's claim, and at the same time, Huawei should bear the case acceptance fee of 100 yuan.
Editor Ren Zhijiang Editor Yang Cheng
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