The trademark is too complicated! Beijing court rejected Apple AppleWatch trademark application

On November 18th, Apple filed four trademark trademarks for AppleWatch and was dismissed by the relevant administrative department. The matter was moved to court by Apple. Recently, the court concluded the case and Apple lost the case.

The Beijing Intellectual Property Court announced that it has recently concluded four cases of Apple Inc. 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 Trademark Review and Adjudication Board) for trademark application refusal to review administrative disputes. The judgment found that Apple applied for the trademark on Apple Watch. Too complicated and lacking intrinsic significance, all Apple’s claims were dismissed according to law.

On November 13, 2014, Apple applied for registration of four graphic trademarks on "timekeeping instruments, watches, jewelry" and other commodities. On March 31, 2016, the Trademark Review and Adjudication Board decided that Apple's application for trademarks consisted of a complex graphic composed of multiple graphics. The overall lack of distinctive features of the registered trademarks was rejected, and the trademark application registration review was rejected.

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

Apple claims that the 15674129, 15674130, 15674131, and 15676860 graphic trademarks applied for registration are original and designated colors of Apple Inc., used on the standby interface of Apple's Apple Watch, and have been widely publicized by Apple. Use, has obtained relevant public awareness and can form a fixed correspondence with Apple to distinguish the source of goods, has a strong inherent significance; at the same time, Apple has successfully registered on the "computer" and other related products. According to the principle of review and consistency, the trademarks consisting of multiple small icons similar to the application for trademarks in this case are equally significant and should be approved for registration.

The Trademark Review and Adjudication Committee argued that the decision of the respondent was found to be clear, the applicable law was correct, the review procedure was legal, and the court was requested to dismiss Apple’s claim in accordance with the law.

After trial, the Beijing Intellectual Property Court held that the graphic trademarks Nos. 15674129, 15674130, 15674131, and 15676860 consist of a combination of small icons with different functions. The overall composition and composition elements are too complex, and the relevant public It will not be recognized as a trademark, but will be recognized as the standby interface of the related electronic products. Therefore, the application for trademark is not inherently significant, and its registration application violates Article 11 (1) of the Trademark Law. The provisions of the item.

The Beijing Intellectual Property Court held that due to the principle of individual review of trademark authorization, the case of Apple's approval to register other identical or similar trademarks is not the natural basis for the registration of trademarks in this case. In addition, the evidence submitted by Apple is not sufficient to prove that the trademark application has been made publicized before the application date, and its corresponding claims lack the facts and legal basis.

In summary, the Beijing Intellectual Property Court rule dismissed Apple’s claim.

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