Apple fails to block Huawei’s MatePod trademark for AirPods rivals in China because they will ‘not cause confusion’
- Apple argument that the ‘Huawei MatePod’ trademark was too close to ‘AirPods’ did not convince China’s trademark office, but the company can appeal
- As headphone jacks disappear on smartphones, the Bluetooth earphones market has exploded, with 120 million units expected to ship in China this year
Apple opposed the Shenzhen-based company’s use of the “Huawei MatePod” brand in the earphone category on the grounds that it was similar to Apple’s own trademarks for the terms Pod, iPod, EarPods and AirPods, according to a recently publicised document on the CNIPA website. The iPhone maker argued that Huawei “maliciously copied” Apple’s trademarks, which could have a negative impact on society.
The argument did not prove compelling for the trademark authority, which ruled in September that there was “insufficient evidence” to prove Huawei’s applications to be copycats.
Huawei was granted the MatePod trademark, but Apple still has the right to make further appeals to CNIPA to annul the decision. Huawei declined to comment, and Apple did not respond to a request for comment.
In its ruling, the CNIPA acknowledged that the companies’ trademarks share similar “functionalities, sales channels and target consumers”, but “the English spelling of the trademarks are different, and the differentiations in pronunciation and the overall appearance are distinct”.
“Therefore, the trademarks of the two companies are not similar trademarks on similar products,” CNIPA determined, “and the coexistence would not cause confusion among the consumers.”
In June, the agency rejected another attempt by Apple to block Huawei from using the MatePod name, but in the advertising and online advertising categories.