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Xiaomi v. ‘Xiaomi Wear’ trademark refused

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The information shows that on March 3, Xiaomi Technology Co., Ltd. and other first-instance administrative judgments of the State Intellectual Property Office were announced.

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The document shows that the State Intellectual Property Office had previously rejected trademark No. 41344725 “Xiaomi Wear” applied by Xiaomi for registration.

Xiaomi LogoXiaomi Company appealed to the court, claiming that the cited trademark in the accused decision was an imitation of the plaintiff’s well-known brand “Xiaomi”, and the trademark in dispute was designated to be used on the goods in dispute, which was not similar to the cited trademark, and requested the court to revoke the accused decision.

Moreover, the Beijing Intellectual Property Court held that the cited trademark was an earlier application, and the text of the trademark in dispute completely contained the text of the cited trademark “Xiaomi”. In the end, the court upheld the defendant’s decision and dismissed the plaintiff’s claim.

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