On March 13th, reports from domestic media indicated that Vision Pro is expected to enter the Chinese market soon, but Apple is preparing for its trademark rights.
The "Vision Pro" trademark in mainland China is currently held by various companies, including Wuxi Leiming Vision Kang Technology Co., Ltd., and Rugao Haohua Trading Co., Ltd.
The real challenge for Apple lies in Huawei's ownership of the "Vision Pro" trademark. Its product categories, including smart glasses (data processing), wearable computers, video monitors, head-mounted virtual reality devices, wearable video displays, portable media players, and headsets, directly conflict with Apple's headsets.
Public information shows that Huawei Technologies Co., Ltd. applied for this trademark on May 16, 2019, and it was officially registered on November 28, 2021, with an exclusive right period until November 27, 2031.
It's worth noting that the status of Huawei's "Vision Pro" trademark is currently under "invalidation application review," indicating that someone has filed an invalidation application against the trademark, with Apple being the probable applicant.
According to supply chain sources, Apple's Vision Pro is expected to be launched in the Chinese market as early as April, but no later than May.
According to lawyers, the invalidation review process for trademarks generally takes one to one and a half years, and after the results are announced, administrative litigation can still be initiated, which would take another year for both the first and second trials. This clearly poses a dilemma for Apple. The safest approach for Apple would be to avoid direct confrontation.
While the use of "Apple Vision Pro" may reduce the likelihood of confusion with Huawei's products among the public, there is still a risk of infringing on similar trademarks.
In the view of professionals, "distinctiveness" refers to the association between the trademark name and the goods using the trademark. The stronger the association, the weaker the distinctiveness, and vice versa. When "Vision" is used as a trademark for display devices, including mixed reality headsets, its distinctiveness is relatively weak.
Therefore, Apple and Huawei's legal departments may still face a showdown in the near future.
