According to Tianyancha APP, Xiaomi Technology Co., Ltd. and China National Intellectual Property Administration jointly issued the first-instance administrative judgment, with the case number of (2020) Jing 73 Hangchuzi. 10993, and the court of first instance was Beijing Intellectual Property Court, and the verdict was to reject its claim.
This is because, according to the court's determination, the disputed trademark (Xiaomi MIX) and the cited trademark (MIX registered by Meizu, MIX registered by Haier Information Technology Company, etc. ) all contain distinctive recognition parts? Mixed? Both of them are similar in letter composition, meaning and appellation, which is easy to cause confusion among the relevant public. Therefore, the judgment of this case dismissed the prosecution of the plaintiff Xiaomi Technology Co., Ltd.
Five years ago, Xiaomi released the first generation of Xiaomi MIX mobile phone, which led the concept of full screen. Two months ago, Meizu also released MIX, but not a mobile phone, but a smart watch.
In August this year, Xiaomi was the first time? Mixed? China National Intellectual Property Administration applied for 9 categories (mobile phones, etc. ) and 35 categories (advertising, etc. ). The application accepted in June 165438+ 10 was already after the new Xiaomi product went on the market. Mixed? Everyone has known for a long time.
However, a similar trademark was already registered at that time. When Meizu made watches, it applied for the trademark of Meizu MIX. Unexpectedly, it became a foreshadowing after many years.
The failure of brand litigation may mean that MIX's Xiaomi flagship products, including MIX borderless flagship products and FOLD folding series products, will no longer be able to use the MIX trademark. Moreover, the MIX4 series is expected to be listed in the second half of next year, but it has been postponed because of this incident.