On May 12, a judgment released by the Beijing Court Trial Information Network showed that Huawei Technologies Co., Ltd. (hereinafter referred to as "Huawei") and the State Intellectual Property Office had an administrative dispute over the rejection of a trademark application review in the first instance. The verdict was to reject Huawei's lawsuit.

Public information shows that Huawei applied to register the "Hongmeng" trademark in 2019, which was internationally classified as Category 42 Design Research. In 2020, the trademark process status changed to rejection review. After Huawei's "Hongmeng" trademark was rejected for review, Huawei sued the State Intellectual Property Office to the Beijing Intellectual Property Court.

The Beijing Intellectual Property Court held that the evidence on file provided by the plaintiff Huawei was insufficient to prove that the trademark in dispute had gained high popularity through use, thereby establishing a unique corresponding relationship with Huawei and gaining access to the designated services. It has distinctive features that are sufficiently distinguishable from the cited trademarks 1 and 2 and will not cause confusion and misunderstanding among the relevant public. Therefore, Huawei's relevant claims lacked factual and legal basis, and the court would not support them.

The reasons why Huawei previously requested the court to revoke the decision of the State Intellectual Property Office

Firstly, the trademarks of these two companies are not actually used in the approved services. It will cause confusion and misunderstanding among the relevant public. Moreover, these trademarks have not been used for at least three consecutive years and have been subject to cancellation applications and will be revoked soon. They should not constitute an obstacle to Huawei's rights to apply for trademarks. We requested the court to suspend the trial.

Second, the trademarks of these two companies and the trademark applied for registration by Huawei are different in terms of constituent elements and overall visual effects. They are still distinguishable and do not constitute similar trademarks.

Third, the “Hongmeng OS” system is of great significance. "Hongmeng" is a brand with national support and love. It has unshakable popularity and reputation in the hearts of people across the country, and has established an inseparable, close and stable correspondence with Huawei. The existence of these trademarks will not It will cause confusion and misunderstanding among the relevant public.