The status of Hongmeng trademark was changed to review of refusal in 2019. Recently, the relevant administrative judgment of the first instance was published. Huawei’s litigation request was rejected because it constituted a similar trademark with the cited trademark.
Huawei’s 42-category design and research and 9-category scientific instrument “Hongmeng” related trademarks have been transferred. The transferor is Huizhou Qibei Technology Co., Ltd., and the current status of the trademark is “Administrative Litigation”.
The three Hongmeng trademarks that Huizhou Qibei Technology transferred to Huawei were in the application process at the time of the transfer. The current status is for refusal review. During the review period, Huawei has the right to continue to use the Hongmeng trademark, but it cannot indicate the registered mark (R) but uses the TM mark.
The TM mark has a certain protective effect on trademarks and can prevent others from making repeated applications, indicating that existing trademark holders have priority to use. The key to the Huawei Hongmeng trademark is in the international classification 42-website service trademark.
Hebei Hongmeng Advertising applied for the registration of the Hongmeng trademark in the international classification of 42-Web Services in 2011, with registration number/application number 10024420, and the trademark is valid until February 2023.
In 2017, the company also applied for the registration of the Hongmeng trademark with the international classification of 38-communication services, which is valid until February 2028.
However, data from the State Intellectual Property Office show that the above two trademarks are currently under review for revocation/invalidation applications.
According to data from the Trademark Office of the State Intellectual Property Office, the Hongmeng trademark in the international category 42 under the name of Huawei Technologies Co., Ltd. is in a state of waiting for substantive examination, awaiting acceptance, review of refusal, application rejected, and not accepted.
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