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Apple China AppleWatch trademark dispute case lost

via:博客园     time:2016/11/18 10:30:29     readed:538

November 18, Apple AppleWatch application for four graphic mark was rejected by the relevant administrative departments, the matter was Apple onto the court, the court recently concluded the case, Apple lost.

Beijing Intellectual Property Court has announced that it recently dismissed four appeals against the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce of the People 's Republic of China (hereinafter referred to as the "Commercial Judgment Committee"), and dismissed the application for trademark infringement on Apple Watch. Too complex, the lack of inherent significance, according to the law rejected the Apple all claims.

appleapple watch2 的图像结果

November 13, 2014, Apple in the "timing instruments, watches, jewelry," and other goods, apply for registration of four graphic trademarks. March 31, 2016, the judges decided that Apple trademark application system by the combination of multiple graphics made of complex graphics, the overall lack of registered trademark should be a significant feature, dismissed the application for trademark registration review.

Apple appealed to the Beijing Court of Intellectual Property, appealed to the court to revoke the decision, and ordered the defendant to make a new decision.

Apple claims that its application for registration of No. 15674129, No. 15674130, No. 15674131, No. 15676860, Apple's original logo and logo color, used in the Apple Apple Watch standby interface, after a lot of publicity Apple Use, has been related to public awareness and can form a fixed relationship with Apple's role as a distinction between the source of goods, has a strong inherent significance; the same time, Apple "computer" and other related products have been successful Registered trademark and similar to the case of the trademark, by a number of small icons of the trademark, according to the principle of unanimity, the case of the trademark application is also significant, should be approved for registration.

Business judges argued that the decision to decide the facts clearly, the right to apply the law, the review process is legal, request the court to dismiss Apple's lawsuit request.

The Beijing Intellectual Property Court held that the 15674129, 15674130, 15674131 and 15676860 graphic trademarks consisted of a number of small icons with different functions. The composition and composition of the elements were too complicated for the general public. The trademark application will not be recognized as a trademark, but will be identified as the relevant electronic products, the standby interface pattern, so the application of trademark lack of inherent significance, the registration application in violation of the "Trademark Law" Article 11 (1) .

Beijing Intellectual Property Court held that, due to the principles of case-review of trademark authorization, Apple's other similar or similar trademark registration is not the case of the application for registration of the trademark of course. In addition, the evidence submitted by Apple is not sufficient to prove that the trademark application has been adopted before the date of publicity has been significant, the corresponding claim lacks the facts and legal basis.

In summary, the Beijing Intellectual Property Court ruling dismissed Apple's claim.

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