Apple Tuesday won the right to prevent Chinese smartphone maker Xiaomi from registering its “Mi Pad” mobile tablet device as an EU trademark because the name has been deemed too similar to Apple’s iPad (via Reuters).
The General Court, the European Union’s second highest, ruled that registering Mi Pad as a trademark was not in the public interest, as consumers were likely to be confused by the similarity of the signs.
“The dissimilarity between the signs at issue, resulting from the presence of the additional letter ‘m’ at the beginning of “Mi Pad”, is not sufficient to offset the high degree of visual and phonetic similarity between the two signs,” the Court said in a statement.
The decision comes three years after Xiaomi filed an application with the EU Intellectual Property Office (EUIPO) to register Mi Pad as a trademark, which prompted Apple to lodge a complaint. The EUIPO sided with Apple’s view, based on the grounds that Mi Pad could be misconstrued as a variation of the iPad trademark.
The court agreed with the EUIPO’s decision and said English-speaking consumers were likely to understand the prefix “mi” as meaning “my” and therefore pronounce the “i” of Mi Pad and iPad in the same way.
Xiaomi could appeal against the ruling at the EU’s highest court, the Court of Justice of the European Union, but so far no statement on today’s decision has been given by the Chinese mobile maker.
Xiaomi’s expansion into Europe kicked off last month when it began selling its smartphones in Spain. The company has managed to become China’s fourth largest mobile vendor by sales and has launched in dozens of other countries including Indonesia, Vietnam, Russia, the United Arab Emirates, and Ukraine, as part of a $1 billion overseas expansion drive.
Its devices, ranging from smartphones to tablets, have been publicly criticized in the past for heavily borrowing design elements from Apple’s iPhones and iPads and adopting marketing materials tactics similar to Apple’s.
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