Xiaomi Inc v Mr Enhui Chen

[2024] ATMO 126

TRADE MARKS ACT 1995

DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS WITH REASONS

Re:Opposition by Xiaomi Inc. to registration of trade mark application number 2188081 (8) - MIUI - in the name of Mr Enhui Chen

Delegate:

Louise Tuohy

Representation:

Opponent: Cate Nagy and Nicky Shanks of King & Wood Mallesons

Applicant:  not represented

Decision:

2024 ATMO 126

Trade Marks Act 1995 (Cth) – opposition under section 52 – sections 42(b), 44, 58, 60 and 62A considered – none established – trade mark to proceed to registration

Background

1.     This matter concerns an opposition by Xiaomi Inc. (‘Opponent’) under s 52 of the Trade Marks Act 1995 (Cth)[1] to the registration of the following trade mark application (‘Application’) by Mr Enhui Chen (‘Applicant’):

[1] Unless otherwise stated, each reference to a section or regulation is a reference to a section of the Trade Marks Act 1995 (Cth) (‘Act’) or regulation of the Trade Marks Regulations 1995 (Cth) (‘Regulations’), respectively.  

Trade mark number:  2188081

Trade mark:  MIUI (‘Trade Mark’)

Filing date:  21 June 2021

Specification:  Class 8: Hair clippers for animals (hand instruments); Hair clippers for personal use (electric and non-electric); Hair removal appliances, electric and non-electric (depilatory appliances); Crimping irons for the hair (electric); Electric flat irons; Electrical irons for ironing clothes; Electric irons; Eyelash curlers; Weeding tools (hand operated); Electric shavers; Nail nippers

(‘Applicant’s Goods’)

2.     The Application was examined as required by s 31 and advertised for possible registration on 27 July 2022.

3.     On 19 September 2022 the Opponent filed a Notice of Intention to Oppose the Application followed by its Statement of Grounds and Particulars (‘SGP’) on 12 October 2022. The Applicant filed a Notice of Intention to Defend the opposition on 14 December 2022.

4. Thereafter the parties filed evidence in accordance with the Regulations. The Opponent filed the following evidence in support:

·Declaration of Shen Chong, Senior Legal Director of the Opponent, made on 4 April 2023 with Exhibits SC1 to SC44 (‘Chong’)  

5.     The Applicant filed the following evidence in answer:

·Declaration of Enhui Chen, made on 14 July 2023 with Annexures EC-1 to EC-3.

6.     The Opponent did not file evidence in reply.

7.     Once time for filing evidence had ended both parties were given the opportunity to either request an oral hearing or a hearing by way of written submissions. The Opponent requested to be heard by way of written submissions. The Applicant did not request a hearing. On 3 April 2024 the Opponent filed its written submissions by Cate Nagy and Nicky Shanks of King & Wood Mallesons. As a delegate of the Registrar of Trade Marks I will decide this matter based on the SGP, evidence and written submissions.

Grounds of Opposition, Relevant Date and Onus

8.     In the SGP the Opponent nominated grounds of opposition under ss 42(b), 44, 58, 58A, 60 and 62A. The Opponent no longer presses the ground of opposition under s 58A and I consider it abandoned.[2]

[2] Opponent’s written submissions [3].

9.     The date at which the rights of the parties are to be determined is the filing date of 21 June 2021 (‘Relevant Date’) which is also the priority date for the purposes of ss 44 and 60.

10.   The Opponent bears the onus of establishing at least one of the grounds of opposition.[3] The standard of proof is the ordinary civil standard of the balance of probabilities.[4]

[3] Food Channel Network Pty Ltd v Television Food Network GP [2010] FCAFC 58, [32] (Keane CJ, Stone and Jagot JJ).

[4] Telstra Corporation Ltd v Phone Directories Co Pty Ltd [2015] FCAFC 156, [132] (Besanko, Jagot and Edelman JJ).

Discussion

The Opponent

11.   The Opponent was founded in 2010 and based in Beijing, China. The Opponent is a designer and manufacturer of software, home appliances, electronic and household items. Goods designed and manufactured by the Opponent are sold internationally, including in Australia.

The Applicant

12.   The Applicant is a Chinese company. The Applicant designs and manufactures household appliances which are sold in 24 countries around the world.

Section 58

13.   Section 58 provides:

58  Applicant not owner of trade mark

The registration of a trade mark may be opposed on the ground that the applicant is not the owner of the trade mark.

14.   In the SGP the Opponent particularises the s 58 ground of opposition as follows:

1.The Application should be refused under section 58 of the Act.

2.The Opponent has continuously used the MIUI Logo Mark in relation to the Opponent’s Good and Services in Australia before the priority date of the Applicant’s Trade Mark.

3.The MIUI Logo Mark is substantially identical to the Applicant’s Trade Mark. The Opponent’s Good[s] and Services are the same kind of thing as the Applied-for Goods.

4.The Applicant was therefore not the owner of the Applicant’s Trade Mark at the time of the Application, because the Opponent was (and continues to be) the owner of that mark (or a substantially identical mark).

15.   To establish this ground, the Opponent must establish the following requirements:

1.that the Trade Mark is identical, or substantially identical, to the trade mark relied upon by the Opponent;[5]

2.that the Applicant’s Goods are the ‘same kind of thing’ as the goods for which the trade mark relied upon by the Opponent was used;[6] and

3.that a person other than the Applicant has the earlier claim to ownership based on use in Australia of the trade mark relied upon by the Opponent prior to whichever is earlier of: (a) the application to register or (b) any actual use of the Trade Mark in Australia by the Applicant.[7]

[5] Carnival Cruise Lines Inc. v Sitmar Cruises Limited [1994] FCA 68, [62] (Gummow J).

[6] Re Hicks’ Trade Mark (1897) 22 VLR 636, 640 (Holroyd J).

[7] Settef SpA v Riv-Oland Marble Co (Vic) Pty Ltd (1987) 10 IPR 402, 413 (McGarvie J).

16.   I will now consider whether the Trade Mark is identical or substantially identical to the MIUI Logo Mark.

17.   The test for substantial identity requires that the trade marks are considered side by side while having regard to the essential features of the trade marks.[8] Where a total impression of resemblance emerges from the comparison, the trade marks will be considered substantially identical. For the purposes of comparison, I have reproduced the respective trade marks below:

[8] The Shell Company Australia Ltd v Esso Standard Oil (Australia) Limited (1963) 109 CLR 407, 414 (Windeyer J) (‘Shell’).  

Trade Mark	MIUI Logo Mark
MIUI

18.   On a side by side comparison I find that the trade marks are substantially identical. Both trade marks are for the plain word MIUI. While the MIUI Logo Mark is presented on a dark background, given the trade marks may be presented in any colour, the MIUI Logo Mark could likewise be presented as black letters upon a white background. As such the total impression emerging from a side by side comparison is one of similiarty.

19.   In Chong, Mr Chong states that MIUI is the name of the Opponent’s Android ROM[9] used as an operating system for smart devices designed and manufactured by the Opponent, which was initially released in August 2010 and is available for download by Australian consumers.  Moreover, the Opponent submits that the MIUI operating system is pre-installed on its Xiaomi Mi 11 Ultra smartphone. Exhibit SC-4 to Chong comprises an article in news.com.au dated 12 June 2021 which refers to the pre-orders of the Opponent’s smartphone being sold out in Australia.

[9] Read-only memory.

20.   Exhibit SC-6 to Chong is an undated extract from the Opponent’s MIUI website. The extract contains information about the Opponent’s MIUI 13 updates.    

21.   Chong states that since the MIUI Android ROM release in 2010, the Opponent has fostered and supported worldwide community interest and discussion surrounding its development. Exhibits SC-7 to SC-8 to Chong comprise extracts from the Xiaomi Community sub-forum for MIUI at dated 21 July 2022 and 21 August 2019 respectively (with the latter being sourced from the Internet Archiving service Wayback Machine). Mr Chong states that the Xiaomi Community forum is available for use worldwide including Australia.

22.   Exhibits SC-9 to Chong comprises undated screenshots from the websites of Australian retailers Kogan and Dick Smith and the Australian online storefront MI Store (‘MI Store’) operated by Panmi, the Opponent’s brand agent and business distribution partner in Australia. The screenshots contain advertisements for the Opponent’s smartphones with an operating system referred to as MIUI.

23.   In my assessment of the evidence, I am not satisfied the evidence shows use of the Opponent’s MIUI Logo Mark in Australia before the Relevant Date. The majority of Opponent’s evidence is undated. The dated evidence comprises a news article regarding pre-sales of the Opponent’s smartphone before the Relevant Date, however these sales are unsubstantiated and the evidence from the Xiaomi Community sub-forum does not demonstrate participation by Australian consumers.

24.   For completeness I find that any use of the MIUI Logo Mark is in relation to software, and software goods would not be considered goods of the ‘same kind of thing’ as the Applicant’s Goods which are electric and non-electric appliances and/or instruments.

25. Therefore, the s 58 ground of opposition has not been established.

Section 44

26. Section 44 provides:

44  Identical etc. trade marks

(1) Subject to subsections (3) and (4), an application for the registration of a trade mark (applicant’s trade mark) in respect of goods (applicant’s goods) must be rejected if:

(a) the applicant’s trade mark is substantially identical with, or deceptively similar to:

(i) a trade mark registered by another person in respect of similar goods or closely related services; or

(ii) a trade mark whose registration in respect of similar goods or closely related services is being sought by another person; and

(b) the priority date for the registration of the applicant’s trade mark in respect of the applicant’s goods is not earlier than the priority date for the registration of the other trade mark in respect of the similar goods or closely related services.

(2) Subject to subsections (3) and (4), an application for the registration of a trade mark (applicant’s trade mark) in respect of services (applicant’s services) must be rejected if:

(a) it is substantially identical with, or deceptively similar to:

(i) a trade mark registered by another person in respect of similar services or closely related goods; or

(ii) a trade mark whose registration in respect of similar services or closely related goods is being sought by another person; and

(b) the priority date for the registration of the applicant’s trade mark in respect of the applicant’s services is not earlier than the priority date for the registration of the other trade mark in respect of the similar services or closely related goods.

(3) If the Registrar in either case is satisfied:

(a) that there has been honest concurrent use of the 2 trade marks; or

(b) that, because of other circumstances, it is proper to do so;

the Registrar may accept the application for the registration of the applicant’s trade mark subject to any conditions or limitations that the Registrar thinks fit to impose. If the applicant’s trade mark has been used only in a particular area, the limitations may include that the use of the trade mark is to be restricted to that particular area.

(4) If the Registrar in either case is satisfied that the applicant, or the applicant and the predecessor in title of the applicant, have continuously used the applicant’s trade mark for a period:

(a) beginning before the priority date for the registration of the other trade mark in respect of:

(i) the similar goods or closely related services; or

(ii) the similar services or closely related goods; and

(b) ending on the priority date for the registration of the applicant’s trade mark;

the Registrar may not reject the application because of the existence of the other trade mark.

27. In the SGP the Opponent particularises the s 44 ground of opposition as follows:

1.Trade Mark Application No. 2188081 (Application) should be refused under section 44 of the Trade Marks Act 1995 (Cth) (Act).

2.Mr Enhui Chen (Applicant) has filed the Application for MIUI (Applicant’s Trade Mark). The Application claims the following goods in Class 8 (Applied-for Goods):

Class 8: Hair clippers for animals (hand instruments); hair clippers for personal use (electric and non-electric); hair removal appliance, electric and non-electric (depilatory appliances); Crimping irons for the hair (electric); electric flat irons; electrical irons for ironing clothes; electric irons; eyelash curlers; weeding tools (hand operated); electric shavers; nail clippers

3.Xiaomi Inc. (Opponent) and its subsidiary are the owners of the trade mark registrations set out in Annexure A (MI Trade Marks), each of which are registered in respect of similar goods and services to the Applied-for Goods (Opponent’s Goods and Services).

4.The Applicant’s Trade Mark is substantially identical with, or deceptively similar to, the MI Trade Marks, which all have priority dates before the priority date of the Applicant’s Trade Mark. This is particularly the case in respect of the Opponent’s registration for (AU registration no. 1907686) (MIUI Logo Mark), which features MIUI as the sole word element.

28. To satisfy the s 44 ground of opposition, the Opponent must establish that the Trade Mark is substantially identical with, or deceptively similar to, another trade mark with an earlier priority date in the name of a person other than the Applicant, and in respect of similar goods or closely related services to the Applicant’s Goods.

29.   The Opponent has nominated the following trade marks[10]:

[10] See Annexure 1 for full details.

MIUI Logo Mark
1907686 23 June 2017 Class 9
(‘MI Trade Mark/s’)
1579755 28 November 2012 Classes 9, 35, 38, 42	1827514 17 February 2016 Classes 7, 11, 37		2057072 15 April 2019 Class 9, 35, 36, 38, 42	2014177 21 January 2019 Classes 9, 35, 36
1650209 9 April 2014 MI WIFI Class 9	1658085 10 April 2014 MI BOX Classes 9, 38		1839239 13 May 2016 MIHOME Classes 7, 9, 11, 35, 42	2005404 1 March 2018 Classes 9, 11, 35
2009799 15 August 2018 Mi Finance Classes 9, 36	2009796 15 August 2018 Mi Wallet Class 9		2002471 17 August 2018 MI A2 Classes 9, 42	1974081 30 August 2018 Classes 9, 35, 36
2006829 3 October 2018 Classes 9, 38, 41	1925566 9 January 2017 Classes 7, 9, 11, 12		1876215 28 April 2017 Classes 7, 9, 11, 12, 14, 16, 18, 20, 21, 25, 28, 35, 38, 42	1950244 20 September 2017 Class 9
1881209 19 August 2019 Class 9
(‘XIAOMI Trade Mark /s’)
1585068 28 May 2012 Classes 9, 35, 38, 42	1801037 17 February 2016 Classes 7, 11, 18		1903841 8 February 2017 Class 9
(‘Redmi Trade Mark/s’)
1642214 9 January 2014 Redmi Classes 9, 38	2039710 9 May 2019 Classes 7, 11, 12, 18, 21, 28

30. Before proceeding I note that reg 4.15A and s 44 are essentially identical. The former applies when reliance is placed on a Protected International Trade Mark or international registration designating Australia (‘IRDA’) as the earlier conflicting mark. The latter is relevant when the earlier conflicting mark is a national application or registration. For simplicity, the following discussion will adopt the expression used in s 44 notwithstanding the all the trade marks relied on by the Opponent except for 1658085 are all IRDAs.

31.   Each of the Opponent’s trade marks are in the name of a person other than the Applicant and have a priority date that is earlier than the Relevant Date of the Trade Mark. It is then customary to consider whether the Opponent’s goods are similar or services are closely related to the Applicant’s Goods.

32.   Pursuant to s 14(1) ‘similar goods’ are goods that are the same, or of the same description. The determination of whether goods are similar involves the consideration of a number of factors including the nature, use and trade channels of the goods.[11]

[11] Jellinek’s Application (1946) 63 RPC 59 (Romer J);Beck, Koller & Company’s Application (1947) 64 RPC 76.

33.   Whether goods are closely related to services (or vice versa) involves different considerations. In the Registrar of Trade Marks v Woolworths French J made the following observations:

The term “closely related” recognises that goods and services are different things. There will be classes of goods which are similar to each other. There will also be classes of services which are similar to each other. But the word “similar” does not apply as between goods and services. So there must be some other form of relationship between the services covered by one mark and the goods covered by another to enable the goods or services in question to be described as “closely related”… it is a term of wider import than “similar”…[12]

[12] [1999] FCA 1020, [37].

34.   In the present case the Applicant claims ‘Hair clippers for animals (hand instruments); Hair clippers for personal use (electric and non-electric); Hair removal appliances, electric and non-electric (depilatory appliances); Crimping irons for the hair (electric); Electric flat irons; Electrical irons for ironing clothes; Electric irons; Eyelash curlers; Weeding tools (hand operated); Electric shavers; Nail nippers’ in class 8.

35.   In relation to the MIUI Logo Mark the Opponent submits that the goods applied-for in class 8 of the Trade Mark are clearly “similar goods” to those goods covered by the MIUI Logo Mark in class 9, inter alia, a wide range of computer hardware, software, computer peripherals, various electronic appliances and devices such as video recorders, cameras and smartphones, various household-tailored electronic goods such as scales, automatic time switches and electric theft prevention installations, and electronic components, including batteries, wires, integrated chips of circuits and electric couplings.

36.   The Opponent submits that the Applicant’s Goods are of a similar nature and characteristic to its goods, which include goods of an electronic household appliance nature. For example, the MIUI Logo Mark is registered for ‘scales’ (being an electronic appliance item associated with personal care and used in bathroom settings) and ‘wearable activity trackers’ (being an electronic device used for personal purposes). The Opponent argues that the Trade Mark claims similar goods such as:

(i) ‘hair removal appliances, electric and non-electric (depilatory appliances)’, ‘crimping irons for hair (electric)’ and ‘eyelash curlers’ each being an electronic appliance associated with personal care and used in bathroom settings; and

(ii) ‘electric flat irons’ (being an electronic appliance item associated with a household setting).

37.   The Opponent submits that the Applicant’s Goods are usually produced by one and the same manufacturer as those that would produce the goods for which the MIUI Logo Mark is registered, as demonstrated by the breadth of electronic goods manufactured by the Opponent itself. Furthermore, these goods are usually sold by the same retailers, and purchased by the same class of consumers being consumers of home appliances, electronics and household items.

38.   I agree with the Opponent that the Applicant’s Goods and the goods covered by the MIUI Logo Mark are likely to attract a broad range of customers. However, taking the Opponent’s example, the fact that the Opponent’s scales and wearable activity trackers are goods of an electronic household appliance nature and are associated with personal care and/or used in a bathroom setting, or used in household setting, is not, of itself, sufficient to conclude that their natures and uses are similar. I consider the natures and uses of the Applicant’s Goods differ from the MIUI Logo Mark goods. The Applicant’s Goods can be characterised as goods for hair and nail styling and maintenance, clothing irons and hand operated tools for gardening. In comparison the MIUI Logo Mark goods cover apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data which includes scales and wearable activity trackers, computer hardware, software and peripheral devices, security installations, apparatus and instruments for controlling electricity, and electronic components. None of the Applicant’s Goods and the MIUI Logo Mark goods are substitutable or alternatives, this is because they all have specific and distinct natures and uses.

39.   I have not found that the Applicant’s Goods are similar to the goods covered by the Opponent’s MIUI Logo Mark. As such I also find that none of the goods in class 9 covered by the Opponent’s MI Trade Marks 1579755, 2057072, 2014177, 1650209, 1658085, 1839239, 2005404, 2009799, 2009796, 2002471, 1974081, 2006829, 1925566, 1876215, 1950244 and   1881209, and its XIAOMI Trade Marks 1585068 and 1903841, and its Redmi Trade Mark 1642214 are similar to the Applicant’s Goods. For completeness I find that none of the remaining goods and services covered by trade marks 1579755, 2057072, 2014177, 1650209, 1658085, 2009799, 2009796, 2002471, 1974081, 2006829, 1950244, 1881209, 1585068, 1903841, and 1642214 are similar or closely related to the Applicant's Goods.

40.   The Opponent submits that the Applicant’s Goods are similar to its goods in classes 7 and 11. The Opponent submits that these goods are of a similar nature and characteristic to those claimed in class 8 being household electrical appliances for cleaning, personal care and other household tasks and activities. The types of goods usually produced by the same manufacturer, sold by the same retailers and purchased by the same classes of consumers.  

41.   I agree with the Opponent that class 7 is associated with class 8 because powered or electric versions of hand tools are in class 7 and their equivalents are in class 8. The Opponent’s MI Trade Marks 1827514, 1839239, 1925566 and 1876215, its XIAOMI Trade Mark 1801037 and its Redmi Trade Mark 2039710 cover animal shearing machines, hair clipping machines for animals, electric scissors, and ironing machines in class 7 which are the similar to the Applicant’s hair clippers for animals (hand instruments); hair clippers for personal use (electric and non-electric); hair removal appliances, crimping irons for the hair (electric); electric flat irons; Electrical irons for ironing clothes; electric irons; electric shavers; nail nippers goods in class 8.   

42.   I also agree that the Opponent’s MI Trade Marks 1827514, 1839239, 1925566, 2005404 and 1876215, its XIAOMI Trade Mark 1801037 and its Redmi Trade Mark 2039710 cover goods in class 11 which are similar to the Applicant’s Goods. The Opponent’s trade marks in class 11 cover electric hair dryers; drying apparatus and installations, and fabric steamers. The nature, use and purpose of these goods is to dry and style hair, in the case of hair dryers, and in the case of fabric steamers, to remove wrinkles and straighten cloths and fabrics. These goods align in purpose with Crimping irons for the hair (electric); Electric flat irons; Electrical irons for ironing clothes; Electric irons.  

43.   For completeness I find that none of the remaining goods and services covered by the Opponent’s MI Trade Marks 1827514, 1839239, 1925566, 2005404 and 1876215, its XIAOMI Trade Mark 1801037 and its Redmi Trade Mark 2039710 are similar or closely related to the Applicant's Goods.

44.   I now turn to consider whether any of the Opponent’s MI Trade Marks 1827514, 1839239, 1925566, 2005404 and 1876215, its XIAOMI Trade Mark 1801037 and its Redmi Trade Mark 2039710 are substantially identical or deceptively similar.

45.   Paragraph [17] of my decision above states the test for substantial identity. On a side by side comparison, there are clear differences between the respective trade marks. The Trade Mark is for the word MIUI solus. In comparison, the MI Trade Marks start with letters MI followed by different letter and word elements or are for the letters MI solus. Likewise the XIAOMI and Redmi Trade Marks are plain word trade marks and while the letters MI appear at the end of the word, the start of the words have obvious visual differences. For these reasons I find that the Opponent’s MI Trade Marks 1827514, 1839239, 1925566, 2005404 and 1876215, its XIAOMI Trade Mark 1801037 and its Redmi Trade Mark 2039710 are not substantially identical to the Trade Mark. The total impression emerging from a side by side comparison is not one of similarity.

46.   As I have found that the respective trade marks are not substantially identical. The remaining question is whether the Trade Mark is deceptively similar to Opponent’s MI Trade Marks 1827514, 1839239, 1925566, 2005404 and 1876215, its XIAOMI Trade Mark 1801037 and its Redmi Trade Mark 2039710.

47.   The expression ‘deceptively similar’ is defined by s 10:

10  Definition of deceptively similar

For the purposes of this Act, a trade mark is taken to be deceptively similar to another trade mark if it so nearly resembles that other trade mark that it is likely to deceive or cause confusion.

48.   In the case of Australian Woollen Mills v F. S. Walton and Company Ltd, Dixon and McTiernan JJ provided the relevant test for comparison:

[T]he marks ought not…be compared side by side. An attempt should be made to estimate the effect or impression produced on the mind of potential customers by the mark or device for which the protection of an injunction is sought. The impression or recollection which is carried away and retained is necessarily the basis of any mistaken belief that the challenged mark or device is the same…The usual manner in which ordinary people behave must be the test of what confusion or deception may be expected. Potential buyers of goods are not be credited with any high perception or habitual caution. On the other hand, exceptional carelessness or stupidity may be disregarded.[13]

[13] [1937] HCA 51; (1937) 58 CLR 641, [658].

1. In the recent High Court case of Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd, the Court noted the following[14]:

   In considering the likelihood of confusion or deception, "the court is not looking to the totality of the conduct of the defendant in the same way as in a passing off suit"[15]. In addition to the degree of similarity between the marks, the assessment takes account of the effect of that similarity considered in relation to the alleged infringer's actual use of the mark[16], as well as the circumstances of the goods, the character of the likely customers, and the market covered by the monopoly attached to the registered trade mark[17]. Consideration of the context of those surrounding circumstances does not "open the door" for examination of the actual use of the registered mark, or, as will be explained, any consideration of the reputation associated with the mark[18]

   MI Trade Marks 1827514, 1839239, 1925566, 2005404 and 1876215.

   [14] Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8, [33] (Kiefel CJ, Gageler, Gordon, Edelman and Gleeson JJ).

   [15] New South Wales Dairy Corporation v Murray-Goulburn Co‑operative Co Ltd [1989] FCA 124; (1989) 86 ALR 549 at 589 (emphasis added), approved in Henschke (2000) 52 IPR 42 at 62 [44], Hashtag Burgers [2020] FCAFC 235; (2020) 385 ALR 514 at 532 [64], Combe International Ltd v Dr August Wolff GmbH & Co KG Arzneimittel [2021] FCAFC 8; (2021) 157 IPR 230 at 238 [27], PDP Capital Pty Ltd v Grasshopper Ventures Pty Ltd (2021) 285 FCR 598 at 622 [97] (see also 626 [111]) and Swancom (2022) 168 IPR 42 at 56 [73].

   [16] Act, s 68.

   [17] New South Wales Dairy [1989] FCA 124; (1989) 86 ALR 549 at 589.

   [18] Swancom (2022) 168 IPR 42 at 59 [89]. See also Henschke (2000) 52 IPR 42 at 62 [44].

   50.   The MI Trade Marks 18727514 and 2005404 are for the letters MI solus (‘MI solus’). The only common feature of the MI solus trade marks and the Trade Mark is that they contain the letters MI. In the Trade Mark the letters MI are the prefix of the Trade Mark. Visually, aurally and conceptually, the Trade Mark would be seen as one word and pronounced as three syllables, being a single invented word replete with vowels. In contrast, the MI solus trade marks are likely to be pronounced as MY and reflected on by consumers as the word MY. I have considered the differences between the Trade Mark and the MI solus trade marks and, despite the fact that the trade marks contain some similarities, namely the word MI, I find that there does not exist a real, tangible danger of deception or confusion between the two. I find that a notional use of the Trade Mark in relation to the Applicant’s Goods would be unlikely to result in deception or confusion. Therefore, the Opponent has not established that the Trade Mark is deceptively similar to the MI Trade Marks 18727514 and 2005404.

   51.   The MI Trade Mark 1876215 is for the word MIJIA and MI Trade Mark 1925566 consists of the word MIJIA and two Chinese characters (collectively the ‘MIJIA trade marks’). In this case the only common feature of the MIJIA trade marks and the Trade Mark is that they start with MI but the similarity ends there. In my view, the aural and visual differences of the word MIJIA and the Trade Mark are such that there would be no likelihood of confusion between the two marks. The word MIJIA and the word MIUI are single invented words with no particular connotation. While the trade marks have the same MI prefix, this is offset by the presence of the different suffixes. Both words clearly do not have a close phonetic resemblance. Further, MI Trade Mark 1925566 also contains two Chinese characters. Overall, the differences between the trade marks ensures that no deceptive resemblance of ideas is created. As such I do not consider it likely that consumers relying on imperfect recollection may be caused to wonder whether the trade source of the Applicant’s Goods and the trade source of the MIJIA trade marks are one and the same.  Therefore, the Opponent has not established that the Trade Mark is deceptively similar to MI Trade Marks 1876215 and 1925566.

   52.   The MI Trade Mark 1839239 is for the term MIHOME (‘MIHOME trade mark’). The only common feature of the MIHOME trade mark and the Trade Mark is that they contains the letters MI at the start of the trade marks. Visually and aurally these trade marks differ. The MIHOME trade mark would be viewed as the word term MY HOME and pronounced and considered by consumers in the same way. In contrast, the Trade Mark has no visual or phonetic resemblance to the MIHOME trade mark and is an invented word with no particular connotation. As such, I do not consider it likely that consumers relying on imperfect recollection would be caused to wonder whether the trade source of the Applicant’s Goods and the trade source of the MIHOME trade mark are one and the same.  Therefore, the Opponent has not established that the Trade Mark is deceptively similar to MI Trade Mark 1839239.

   XIAOMI Trade Mark 1801037

   53.   In my view, the only common feature of the XIAOMI Trade Mark and the Trade Mark is that they contain the letters MI. In the Trade Mark these letters are the prefix of the mark and in the XIAOMI Trade Mark these letters are the suffix of the trade mark. The similarity between these trade marks is only these two letters. The aural and visual differences of the words XIAOMI and MIUI are obvious and are such that there would be no likelihood of confusion between the two trade marks. The XIAOMI Trade Mark is a surname and the Trade Mark is an invented word with no particular connotation. Both words clearly do not have a close phonetic resemblance and no deceptive resemblance of ideas is created. As such I do not consider it likely that consumers relying on imperfect recollection may be caused to wonder whether the trade source of the Applicant’s Goods and the trade source of the XIAOMI Trade Mark are one and the same.  Therefore, the Opponent has not established that the Trade Mark is deceptively similar to XIAOMI Trade Mark 1801037.

   Redmi Trade Mark 2039710

   54.   In my view, the only common feature of the Redmi Trade Mark and the Trade Mark is that they contain the letters MI. In the Trade Mark these letters are the prefix of the trade mark and in the Redmi Trade Mark these letters are the suffix of the trade mark. The similarity between these trade marks is only these two letters. The aural and visual differences of the words Redmi and MIUI are obvious and are such that there would be no likelihood of confusion between the two trade marks. The Redmi Trade Mark and the Trade Mark are both single invented words with no particular connotation. The Redmi Trade Mark has two syllables and the Trade Mark has three. Both words clearly do not have a close phonetic resemblance and no deceptive resemblance of ideas is created. As such I do not consider it likely that consumers relying on imperfect recollection may be caused to wonder whether the trade source of the Applicant’s Goods and the trade source of the MIUI Trade Mark are one and the same. Therefore, the Opponent has not established that the Trade Mark is deceptively similar to Redmi Trade Mark 2039710.

   55. The ground of opposition under s 44 has not been established.

   Section 60

   56. Section 60 provides:

   60  Trade mark similar to trade mark that has acquired a reputation in Australia

   The registration of a trade mark in respect of particular goods or services may be opposed on the ground that:

   (a) another trade mark had, before the priority date for the registration of the first‑mentioned trade mark in respect of those goods or services, acquired a reputation in Australia; and

   (b) because of the reputation of that other trade mark, the use of the first‑mentioned trade mark would be likely to deceive or cause confusion.

   57. In the SGP the Opponent particularises the s 60 ground of opposition as follows:

   1.The Application should be refused under section 60 of the Act.

   2.The Opponent and its related entities have heavily invested in, and continuously and extensively used, the MI Trade Marks and the MIUI Logo Mark on and in relation to the Opponent’s Goods and Services since well prior to 21 June 2021, which is the priority date of the Applicant’s Trade Mark.

   3.By virtue of their use and promotion in Australia, the MI Trade Marks and the MIUI Logo Mark have, before the priority date of the Applicant’s Trade Mark, acquired a significant reputation in Australia in relation to the Opponent’s Goods and Services.

   4.The Applicant’s Trade Mark is substantially identical with, or deceptively similar to, the MI Trade Marks and is identical to the MIUI Logo Mark.

   5.Among other things, because of:

   a.the reputation of the MI Trade Marks and the MIUI Logo Mark; and

   b.the similarity between the Applicant’s Trade Mark and the MI Trade Marks and the MIUI Logo Mark, the use and registration of the Applicant’s Trade Mark in relation to the Applied-for Goods would be likely to deceive or cause confusion.

   6.The Applicant’s Trade Mark is therefore similar to trade marks which have acquired a reputation in Australia and, in light of that reputation, use of the Applicant’s Trade Mark would be likely to deceive or cause confusion.

   58. To satisfy s 60, the Opponent must establish that the trade marks upon which it relies had a reputation in Australia at the priority date of the Trade Mark. The Opponent must then establish that because of that reputation, use of the Trade Mark would be likely to deceive or cause confusion.

   59.   In McCormick & Co Inc v McCormick, Kenny J asked what is intended by the word ‘reputation’ in s 60. Her Honour consulted the Macquarie Dictionary and on the basis of the definition provided concluded that it was ‘the recognition of the [trade mark] by the public generally’12F9F[19] and quoted with approval the following words of Lockhart J in Re ConAgra Inc v McCain Foods (Aust) Pty Ltd:

   [R]eputation within the jurisdiction may be proved by a variety of means including advertisements on television, or radio or in magazines and newspapers within the forum. It may be established by showing constant travel of people between other countries and the forum, and that people within the forum (whether residents there or persons simply visiting there from other countries) are exposed to the goods of the overseas owner…[20]

   [19] [2000] FCA 1335, [81].

   [20] [1992] FCA 159, [118].

   60.   Justice Kenny also referred to the Hugo Boss decision, where the Registrar’s delegate observed:

   [I]t is true that the assessment of the reputation of a trade mark goes far beyond mere examination of sale or turnover of goods sold under the trade mark and contemplation of the advertising and promotional figures.

   As regards a trade mark, its reputation derives both from the quantum of sales under that mark and also its esteem, or image, projected by that trade mark. The quantum sale, advertising and promotion contributes to the ‘recognition’ component of the trade mark’s reputation. The credit, image and values projected by a trade mark attaches to the ‘esteem’ component of the reputation as do the public events and other trader’s marks with which [the] owner of the trade marks in question chooses to associate the trade marks via sponsorship, cross-promotions, ‘contra deals’ and so forth.

   It follows that a trade mark used in relation to goods with comparatively low sales may have a high and strong reputation by virtue of the high credit or esteem in which it is held, or, conversely, that a trade mark which has very high sale may have a strong reputation notwithstanding the lack of esteem that attaches to it. The particular popular images, or sets of values, that attach to the trade mark are also, therefore, important parts of the reputation of the trade mark and may be as strong an association of the trade marks with the goods or services themselves.14F11F[21]

   [21] Hugo Boss AG v Jackson International Trading Co Kurt D Bruhl Gesellschaft MbH & Co KG (1999) 47 IPR 423, 436.

   61.   What constitutes a significant or substantial number of persons in the relevant market must be considered. Justice Heerey in Le Cordon Bleu BV v Cordon Bleu International Ltee provided some guidance:

   What is “significant” or “substantial” will depend on the nature of the goods or services in question. For some highly specialised products, awareness among a few thousand persons, or even less, might be sufficient.F12F[22]

   [22] [2000] FCA 1587, [91], (albeit in relation to paragraph 28(a) of the now superseded Trade Marks Act 1955 (Cth)), (emphasis in original).

   62. Each mark is separate when considering the operation of s 60 and it is appropriate to consider the use of which they have been put.

   63.   I have already found that the Opponent’s MIUI Logo Mark has not been used in Australia before the Relevant Date. As such the evidence is insufficient to establish, as a matter of fact, that the Opponent’s MIUI Logo Mark had a acquired a reputation in Australia amongst a significant or substantial number of consumers.

   64.   The Opponent states that it initially announced its intention to sell goods in the Australian market on 15 April 2019. The MI Store was announced in March 2019 and opened on or around July 2019. SC-14 to Chong comprises an extract of an article published by Panmi on 27 February 2019 announcing the MI Store. The article features the  and Xiaomi trade marks. Exhibits SC-12 and SC-15 to Chong comprises screenshots from the Wayback Machine of dated from 15 July 2019 to 15 March 2020. The screenshots contain advertisements for a variety of goods including smartphones, vacuum cleaners, and scooters referred to as Mi, Mi Mix, Xiaomi or Xiaomi Mi.

   65.   The Opponent also retails goods to Australian consumers via an official storefront on the website. Exhibit SC-18 to Chong comprises a screenshot from the Wayback Machine dated 14 April 2020. The screenshot features items including scooters, smartphones and air purifiers under the , Redmi, Xiaomi and Xiaomi Mi trade marks.

   66.   The Opponent has also partnered with Australian online retailer catch.com.au for an official storefront on Exhibit SC-21 to Chong comprises a screenshot from the Wayback Machine dated 13 March 2020. The screenshot displays the Opponent’s  trade mark and promotes its electric scooter featuring the MI trade mark and its power bank featuring the Mi trade mark.  

   67.   The Opponent’s promotional activities includes social media posts via its Facebook account under the handle   Xiaomi Australia. Exhibit SC-28 to Chong comprises a Facebook post dated 14 December 2020 promoting its Mihandheld vacuum. Exhibit SC-34 to Chong comprises Facebook posts dated from 29 November 2019 to 8 April 2021 promoting air purifiers. Exhibit SC-38 to Chong comprises a Facebook posts dated 21 December 2020 promoting fans. Exhibit SC-39 to Chong comprises a Facebook post dated 15 October 2020 promoting lamps.

   68.   On the basis of the Opponent’s evidence dated before the Relevant Date, I am not satisfied that at the Relevant Date, any of the Opponent’s MI Trade Marks had acquired a reputation in Australia amongst a significant number of consumers in respect of its technology electronics, smartphones, home and living electronics, audio device and personal grooming goods.

   69. There are significant weaknesses in the Opponent’s evidence. It lacks information on the breadth of the public that are likely to be aware of the MI Trade Marks by quantitative dimensions because it has not provided a quantum of any sales or advertising and promotional expenditure for any goods. As a consequence, the evidence before me does not allow a conclusion of any reputation in any of the Opponent’s MI Trade Marks, let alone a reputation sufficient to enliven s 60.

   70.   Whilst I acknowledge that the evidence demonstrates that the Opponent has used at least the trade marks , Xiaomi, Xiaomi Mi, Mi, Mi Mix and Redmi in Australia for a limited number of goods before the Relevant Date, mere use of a trade mark does not demonstrate that a trade mark has garnered a reputation that may result in deception or confusion. In the end, the evidence is insufficient to establish, as a matter of fact, that any of the Opponent’s MI Trade Marks had acquired a reputation in Australia amongst a significant or substantial number of consumers.

   71. As I have found that none of the Opponent’s MI Trade Marks have acquired a reputation in Australia before the Relevant Date, there is no need for me to consider the second limb of s 60.

   72. The ground of opposition under s 60 has not been established.

   Section 42(b)

   73.   Section 42(b) provides:

   42  Trade mark scandalous or its use contrary to law

   An application for the registration of a trade mark must be rejected if:

   …

   (b) its use would be contrary to law.

   74.   In the SGP the Opponent particularises the s 42(b) ground of opposition as follows:

   1.The Application should be refused under section 42(b) of the Act.

   2.As set out above, the Opponent is the owner of the MI Trade Marks and the MIUI Logo Mark, which have acquired a substantial reputation in Australia.

   3.The Applicant’s Trade Mark is substantially identical with or deceptively similar to the MI Trade Marks and the MIUI Logo Mark, and has been applied for in respect of goods and services which are similar to the Opponent’s Goods and Services.

   4.Use by the Applicant of the Applicant’s Trade Mark in relation to the Applied-for Goods is likely to mislead or deceive consumers into thinking that the Applicant’s goods and services are those of, associated with, or endorsed or licenced by the Opponent or its subsidiary when they are not, and would constitute the common law tort of passing off, or misleading or deceptive conduct in breach of section 18 of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

   5.Use of the Applicant’s Trade Mark by the Applicant would therefore be contrary to law.

   75. As with all the grounds of opposition, the onus of proof rests with the Opponent and in that regard the case law on s 42(b) requires the Opponent to show that use of the Trade Mark would be, rather than could or might be, contrary to law.[23]

   [23] Advantage Rent a Car Inc v Advantage Car Rental Pty Ltd [2001] FCA 683, [28] (Madgwick J).

   76. Section 18 of the Australian Consumer Law[24] (‘ACL’) is concerned with misleading or deceptive conduct, while s 29 of the ACL is concerned with false and misleading representations. Case law has made it plain that s 18 of the ACL imposes a more stringent test than that for deception or confusion under s 60.[25] I have found that the Opponent has failed to establish a ground of opposition under s 60. Consequently, I find that the Opponent has also failed to establish that use of the Trade Mark would be contrary to s 18 of the ACL.

   [24] Competition and Consumer Act 2010 (Cth), sch 2.

   [25] Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191, 198. This case was decided under the superseded s 52 Trade Practices Act 1974 (Cth) (‘TPA’) the equivalent provision to the current s 18 of the ACL.

   77. In relation to s 29 of the ACL it has been held that where a trade mark does not offend s 18 of the ACL, neither will it offend s 29 of the ACL[26] and nor will it constitutepassing off.[27]

   [26] In Pacific Publications Pty Ltd v IPC Media Pty Ltd [2003] FCA 104, Beaumont J considered – in connection with the superseded TPA that ‘the Court’s conclusion on section 52 would necessarily carry with it a conclusion on section 53 (c) and (d).’ Sections 53(c)-(d) of the TPA are the equivalent provisions to ss 29(1)(g)-(h) of the ACL.

   [27] Re Equity Access Pty Ltd v Westpac Banking Corporation [1989] FCA 506, [40] (Hill J).

   78. The Opponent has not established the ground of opposition under s 42(b).

   Section 62A

   79.   Section 62A provides:

   62A  Application made in bad faith

   The registration of a trade mark may be opposed on the ground that the application was made in bad faith.

   80.   In the SGP the Opponent particularises the s 62A ground of opposition as follows:

   1.The Application should be refused under section 62A of the Act.

   2.The Opponent reiterates the statements in paragraph 4 above. The Applicant must have been aware of the Opponent’s longstanding use of, and reputation in, the MI Trade Marks (including the MIUI Logo Mark) at the time that it filed for the Opposed Mark.

   3.By applying to register the Opposed Mark, the Applicant seeks:

   a.to allude to the Opponent’s MI Trade Marks (including the MIUI Logo Mark) and to create an association between the Opposed Mark and the Opponent, and between the Opposed Mark and the MI Trade Marks (including the MIUI Logo Mark), where no such association exists; and/or

   b.to benefit by taking advantage of the Opponent’s reputation in the Trade Mark.

   4.In doing so, the Applicant’s conduct falls short of the standards of acceptable commercial behaviour observed by reasonable and experienced persons.

   81.   The Explanatory Memorandum to the Trade Marks Amendment Bill 2006 (Cth) provided some illustrations of applications made in bad faith:

   ·     persons who monitor new property developments, register the name of new developments as trade marks for a number of services and then threaten the property developers with trade mark infringement proceedings unless the developers licence or buy the trade marks;

   ·     persons who have a history of applying for trade marks that are deliberate misspellings of other registered trade marks; and

   ·     persons who identify trade marks used overseas but with no Australian use as yet who then apply to register the trade marks in Australia for the express purpose of selling them to the overseas owners.

   82.   These illustrations are not exhaustive. In DC Comics v Cheqout Pty Ltd, Bennett J observed that all of the circumstances surrounding the application to register a trade mark are relevant.[28] Moreover, conduct after the priority date can be used to shed light on the Applicant’s subjective intent at the filing date.[29]

   [28] [2013] FCA 478, [62].

   [29] Ibid, [71].

   83.   The test for bad faith incorporates subjective and objective elements. That is, I must consider what the Applicant actually knew at the filing date, and then consider whether, armed with that knowledge, its decision to apply to register the Trade Mark would be considered to be in bad faith by persons who adopt proper standards of behaviour in business. In Fry Consulting Pty Ltd v Sports Warehouse Inc (No 2) (‘Fry’)[30] Dodds-Streeton J made the following comments, quoting from Harrisons’s Trade Mark Application:

   Clearly the court, when considering bad faith, cannot apply a purely subjective test, called by Lord Hutton “the Robin Hood test”. The dishonest person or one with low standards cannot be permitted to obtain trade mark registrations in circumstances where a person abiding by a reasonable standard would not. The registration of a trade mark is designed to enable bona fide proprietors to protect their proprietary rights without having to prove unfair trading. Registration is not provided to help those with low moral standards.

   … The words “bad faith” suggest a mental state. Clearly when considering the question of whether an application to register is made in bad faith all the circumstances will be relevant. However the court must decide whether the knowledge of the applicant was such that his decision to apply for registration would be regarded as in bad faith by persons adopting proper standards.[31]

   [30] [2012] FCA 81.

   [31] Harrison’s Trade Mark Application [2004] EWCA Civ 1028.

   84.   Her Honour continued later in the same decision:

   The formulation in United Kingdom authority of bad faith as falling short of the standards of acceptable commercial behaviour observed by reasonable and experienced persons in a particular area is, in my view, an apt touchstone. An overly literal application may, however, tend to negate the relevance attributed to the applicant’s mental state in the combined test preferred in Harrison.

   Further, in my view, mere negligence, incompetence or a lack of prudence to reasonable and experienced standards would not, in themselves, suffice, as the concept of bad faith imports conduct which, irrespective of the form it takes, is of an unscrupulous, underhand, or unconscientious character.[32]

   [32] Fry (n 31) [147], [165]-[166].

   85.   The Opponent submits that there can be no question that the Applicant has adopted and applied for the registration of the Trade Mark knowing of the Opponent’s MIUI Logo Mark and MI Trade Marks given: 

   ·the Applicant’s address is in China and in February 2022 a Chinese Court held the Opponent’s MIUI Logo Mark to be well-known in China in respect of software products;

   ·the Opponent’s goods have been sold in Australia in connection with its trade marks since 2019 and the reputation of the Opponent in the MIUI Logo Mark and MI Trade Marks is well-established in Australia, as well as in China;

   ·although the Applicant claims an independent derivation for the Trade Mark, the Applicant does not deny that at the time the Applicant chose to adopt and apply for the Trade Mark he was aware of the MIUI Logo Mark and MI Trade Marks;

   ·the MIUI Logo Mark is highly distinctive and the explanation for the derivation of the Trade Mark is unconvincing, unsubstantiated and appears designed to cover up the real reason for the adoption of the Trade Mark; and

   ·the Applicant is a trade rival.

   86.   The Applicant submits that for more than 20 years it has been designing a wide range of home appliances. The Applicant further submits that the Trade Mark has a clear and definite meaning, and is closely related to the products it makes. ME&I meaning “I”, U meaning “YOU”, and finally “I” is “AI”, a Chinese homophonic meaning “love”. The Applicant submits that the whole wording indicates that the research and development of its products adheres to its people-oriented design and manufacturing concept. You and I, everybody participates in the creation and design of products, so that its products are loved by everyone.

   87.   In this matter the onus is on the Opponent to establish bad faith and it will not be easy, the standard of proof remains the same, although given the serious nature of the allegation, cogent evidence is required in order to prove it.[33]

   [33] Hard Coffee Pty Ltd v Hard Coffee Main Beach Pty Ltd [2009] ATMO 26, [12] (Hearing Officer Nancarrow).

   88. Turning to the factors raised by the Opponent, I have previously addressed the reputation in the Opponent’s MIUI Logo Mark and MI Trade Marks in Australia in relation to the s 60 ground of opposition. Even if the Applicant had been aware of the Opponent’s reputation in China, an awareness of a reputation itself does not mean that the conduct here necessarily falls short of acceptable commercial standards: ‘mere knowledge before the relevant date of another person’s trade marks, without more, does not in itself constitute the basis for a finding of bad faith’.[34]

   [34] 1872 Holdings VOF v Havana Club Holding SA [2017] ATMO 12, [64] (Hearing Officer Thompson).

   89.   Based on the evidence before me, I cannot conclude that the decision of the Applicant to adopt and seek to register the Trade Mark for its chosen goods in class 8 was a decision to take advantage of the reputation of the Opponent’s MIUI Logo Mark and MI Trade Marks. Moreover, even if the Applicant knew of the Opponent, there is no reason for the Applicant to conclude that adoption was problematic for its own use or registration of the Trade Mark for the non-competing goods.

   90.   On balance, I am not satisfied that the filing of the Application in the circumstances existing at the Relevant Date was conduct that constitutes bad faith.

   91. The Opponent has not established the ground of opposition under s 62A.

   Decision

   92.   Section 55 provides:

   55  Decision

   (1)  Unless subsection (3) applies to the proceedings, the Registrar must, at the end, decide:

   (a)  to refuse to register the trade mark; or

   (b)  to register the trade mark (with or without conditions or limitations) in respect of the goods and/or services then specified in the application;

   having regard to the extent (if any) to which any ground on which the application was opposed has been established.

   93.   The Opponent has not established a ground of opposition in relation to the Applicant’s Goods. Accordingly, I decide that trade mark number 2188081 may proceed to registration one month from the date of this decision. If the Registrar is served with a notice of appeal, I direct that the disposition of the Application should be in accordance with the Court’s order or direction.

   Costs

   94. Both parties sought an award of costs. It is usual for costs to follow the event, and I see no reason to depart from that principle here. I award costs against the Opponent under s 221 in line with Schedule 8 of the Regulations.

   Louise Tuohy

   Hearing Officer

   Delegate of the Registrar of Trade Marks

   11 July 2024

   Annexure 1

1907686

IR No: 1388677

23 June 2017

Class 9 Data processing apparatus; computer memory devices; computers; disks, magnetic; floppy disks; computer operating programs, recorded; computer peripheral devices; computer software, recorded, couplers [data processing equipment]; magnetic data media; monitors [computer programs]; processors [central processing units]/central processing units [processors]; integrated circuit cards [smart cards]/smart cards [integrated circuit cards]; notebook computers; computer game software; laptop computers; computer software applications, downloadable; computer hardware; interactive touch screen terminals; humanoid robot with artificial intelligence; mobile telephones/cell phones/cellular phones software applications, downloadable; image, audio and video editing [computer programs]; operating system programs; computer programs for enabling access control; virtual reality game softwares; computer programs for Internet and world-wide-web; quantity indicators; facsimile machines; smartphones; intercommunication apparatus; scales; navigational instruments; wearable activity trackers; audio- and video-receivers; video recorders; cameras [photography]; measuring instruments; inductors [electricity]; mirrors [optics]; wires, electric; chips [integrated circuits]; sensors; time switches, automatic; couplings, electric/connections, electric; theft prevention installations, electric; spectacles [optics]; batteries, electric; chargers for electric batteries; animated cartoons

1579755

IR No. 1173649

28 November 2012

Class 9 Computer memories; computers; recorded computer programmes; computer keyboards; recorded computer operating programs; computer peripheral devices, recorded computer software; recorded computer software; monitors; mouse; compact discs; printers for use with computers, central processing units; data processing equipment namely readers; scanners; notebook computers; calculators, electronic publications; downloadable software, namely computer programs; mouse pads; wrist rests for use with computers; computer game programs; downloadable mobile phone ringtones, downloadable music files; downloadable image files; universal serial bus flash disks; portable computers; galvanic cells; photocopiers, photographic, electrostatic and thermic, battery chargers; chargers for electric batteries; telephone apparatus; video telephones; portable telephones; mobile phone straps; GPS apparatus; hands free kits for phones; loudspeakers; cabinets for loudspeakers; microphones; television apparatus; compact discs; camcorders; headsets, headphones; DVD players; portable media players; cameras; stereoscopes; telescopes; wafers; integrated circuits, sunglasses; counters; scales; animated cartoons Class 35

Class 38

Class 42

1827514

IR No. 1331842

17 February 2016

Class 7 Draining machines; grinders (machines); milking machines; animal shearing machines; sawing machines; paper machines; printing machines; machines for the textile industry; dyeing machines; tea processing machines; electric food preparation machines; cigarette machines for industrial purposes; leather tanning machines; leather paring machines; ironing machines; bicycling assembling machines; machines for the making of pottery; engraving machine; battery operated spraying machines; mechanical rope reels; machines for coiling ropes; pulleys of metal for use with rope (parts of machines); rope making machines; machines for packing; mixers (machines); dishwashers; soybean reaping cutters (machines); industrial washing machines; washing machines for household purposes; washing machines incorporating drying facilities; machines for glass working; glassware manufacturing machines; electromechanical machines for chemical industry; cutting machines; apparatus for use in drilling; apparatus for lifting; machine tools for use in the maintenance of electric installations; die-casting machines; steam engines; carburetors; wind turbines; industrial sewing machines; knives (parts of machines); industrial robots; electric scissors; bicycle dynamos; machines for cleaning cooling air filters in engines; centrifuges; pressure controllers (regulators) being parts of machines; pressure controllers (valves) being parts of machines; air compressors; door closers, electric; electric gas bearing; electric welding machines; instruments (machines) for cleaning the exterior of vehicles; instruments (machines) for cleaning the interior of vehicles; cleaning machines for industrial installations; cleaning machines for pipe-lines; cleaning machines for machine tools; electric cleaning machines; apparatus for the removal of dust from buildings; electric dust removing (cleaning apparatus); dust removing installations for cleaning purposes; dust separators; apparatus (machines) for filtering; curtain drawing devices, electrically operated; electric shoe cleaning (polishing) machines; electroplating machines

Class 11 Electric lamps; lighting lamps; lighting apparatus and installations; lighting devices for showcases; lampshades; flashlights; apparatus for the lighting of vehicle; germicidal lamps for air purification; electric cookers; cooking apparatus and installations; kitchen stoves; cooking ovens; electric pressure cookers; electric kettles; water heaters; refrigerators; refrigeration installations; refrigeration units; electric air deodorizing apparatus for refrigerators; air filtering apparatus; air conditioning apparatus; air filtration installations; air dryers; clothes dryers; dryers for the hands using a warm air drying stream; drying apparatus; air conditioning fans; electric cooling fans; ventilation (air- conditioning) installations and apparatus; apparatus for ventilating vehicles; electric fans; electric hair dryers; hot water heaters; electric heating apparatus; installations for heating consisting of halogen healing devices; heaters for heating irons; electric heaters; apparatus for water supply purposes; fireplaces, domestic; tap water faucets; apparatus for heating; temperature control apparatus (valves) for central heating radiators; automatic watering installations; bath installations; bath fittings; sanitary apparatus and installations; toilets [water-closets]; apparatus for disinfection; apparatus for water purification; apparatus for water filtering; machines for the processing (purification) of sewage; water softeners (apparatus); disposable sterilization pouches; portable electric heaters; lighters

Class 37

2005404

IR No. 1462437

1 March 2018

Class 9 Smartphones, selfie sticks for cellphones, selfie lenses, selfie sticks [hand-held monopods]

Class 11 Lamps; lights for vehicles; germicidal lamps for purifying air; curling lamps; acetylene flares; cooking apparatus and installations; lava rocks for use in barbecue grills; refrigerators; air purifying apparatus and machines; hair driers [dryers]; water heaters; stage fog machine; heating installations; watering installations, automatic; solar heaters for baths; filters for drinking water; radiators, electric; lighters; polymerisation installations; air cleaner; household air cleaner; portable electric fans; fans [air-conditioning]; household electric fans; LED lamps; air conditioners; air filters for air conditioning; portable headlight; household electric water purifier; water filtering apparatus; reading lamps; desk lamps; electric cooker; coffee percolators, electric; kettles, electric; household faucet filters; water purifying apparatus; household humidifier; coffee machines, electric; multicookers; ceiling lights; bathroom warmers; household electric kettle; bread toasters; microwave ovens [cooking apparatus].

Class 35

1801037

IR No. 1313041

17 February 2016

Class 7 Draining machines; grinders (machines); milking machines; animal shearing machines; sawing machines; paper machines; printing machines; machines for the textile industry; dyeing machines; tea processing machines; electric food preparation machines; cigarette machines for industrial purposes; leather tanning machines; leather paring machines; ironing machines; bicycle assembling machines; machines for the making of pottery; engraving machine; battery operated spraying machines; mechanical rope reels; machines for coiling ropes; pulleys of metal for use with rope (parts of machines); rope making machines; machines for packaging; mixers (machines); dishwashers; soybean reaping cutters (machines); industrial washing machines; washing machines for household purposes; washing machines incorporating drying facilities; machines for glass working; glassware manufacturing machines; electromechanical machines for chemical industry; cutting machines; apparatus for use in drilling; apparatus for lifting; machine tools for use in the maintenance of electric installations; die-casting machines; steam engines; carburetors; wind turbines; industrial sewing machines; knives (parts of machines); industrial robots; electric scissors; bicycle dynamos; machines for cleaning cooling air filters in engines; centrifuges; pressure controllers (regulators) being parts of machines; pressure controllers (valves) being parts of machines; air compressors; door closers, electric; electric gas bearing; electric welding machines; instruments (machines) for cleaning the exterior of vehicles; instruments (machines) for cleaning the interior of vehicles; cleaning machines for industrial installations; cleaning machines for pipelines; cleaning machines for machine tools; electric cleaning machines; apparatus for the removal of dust from buildings; electric dust removing (cleaning) apparatus; dust removing installations for cleaning purposes; dust separators; apparatus (machines) for filtering; curtain drawing devices, electrically operated; electric shoe cleaning (polishing) machines; electroplating machines

Class 11 Electric lamps; lighting lamps; lighting apparatus and installations; lighting devices for showcases; lampshades; flashlights; apparatus for the lighting of vehicle; germicidal lamps for air purification; electric cookers; cooking apparatus and installations; kitchen stoves; cooking ovens; electric pressure cookers; electric kettles; water heaters; refrigerators; refrigeration installations; refrigeration units; air filtering apparatus; air conditioning apparatus; air filtration installations; air dryers; clothes dryers; dryers for the hands using a warm air drying stream; drying apparatus; air conditioning fans; electric cooling fans; ventilation (air-conditioning) installations and apparatus; apparatus for ventilating vehicles; electric fans; electric hair dryers; hot water heaters; electric heating apparatus; installations for heating consisting of halogen heating devices; heaters for heating irons; electric heaters; apparatus for water supply purposes; fireplaces, domestic; tap water faucets; apparatus for heating; temperature control apparatus (valves) for central heating radiators; automatic watering installations; bath installations; bath fittings; sanitary apparatus and installations; toilets [waterclosets]; apparatus for disinfection; apparatus for water purification; apparatus for water filtering; machines for the processing (purification) of sewage; water softeners (apparatus); disposable sterilization pouches; portable electric heaters; lighters

Class 18

1585068

IR No. 1177611

28 May 2012

Class 9 Recorded computer software; monitors; mouse; printers, for use with computers; central processing units (CPU's); data processing equipment namely readers; scanners; downloadable mobile phone ringtones; downloadable music files; downloadable image files; universal serial bus (USB) flash disks; counters; photographic, electrostatic and thermic photocopiers; scales; portable telephones; GPS equipment (Terms Too Vague in the opinion of the International Bureau - Rule 13(2)(b) of the Common Regulations); mobile phone strap; loudspeakers; compact disc; camcorders; headset; portable media player; cameras; stereoscopes; telescopes; semi-conductors; wafers; integrated circuits; integrated circuit chips; electric theft prevention installations; battery chargers; chargers for electric batteries; galvanic cells; portable computer; animated cartoons

Class 35

Class 38

Class 42

2039710

IR No. 1489267

9 May 2019

Class 7 Electroplating machines; disintegrators; embossing machines; glass-working machines; equipment for manufacturing fertilizers; electromechanical machines for chemical industry; drilling machines; rolling mill cylinders; drilling rigs, floating or non-floating; hydraulic pressure coupler; water heaters [parts of machines]; anti-friction bearings for machines; adhesive bands for pulleys; welding machines, electric; rechargeable sweepers; sifting installations; curtain drawing devices, electrically operated; whitewashing machines; elevators [lifts]; electric hammers; molding machines; scale collectors for machine boilers; igniting devices for internal combustion engines; hydraulic turbines; machines for manufacturing clips; machines for manufacturing zippers; industrial robots; machines for manufacturing electric wire and cable; scissors, electric; equipment for electronic industry; spectacle lens processing equipment; harvesting machines; aerating pumps for aquaria; mechanized livestock feeders; milking machines; hair clipping machines for animals; salt extracting machine; woodworking machines; papermaking machines; equipment for manufacturing paper diaper; printing cylinders; darning machines; dyeing machines; machines for pressing brick tea; bread cutting machines; beverage preparation machines, electromechanical; tobacco processing machines; leather paring machines; gas separation equipment; drums [parts of machines]; 3D printers; shoe polishers, electric; racket stringing machines; vending machines; joints for tanker aircraft; liquid reservoir [parts of machines]; ironing machines; bicycle assembling machines; engraving machines; potters' wheels; machines for pressing battery chip; cord making machines; machines for manufacturing enamel; machines for manufacturing lamp bulbs; bottle sealing machines; briquette making machine; juice extractors, electric; washing machines [laundry]; labellers [machines]; 3D printing pens; painting machines; bicycle dynamos; fans for motors and engines; pumps for heating installations; taps [parts of machines, engines or motors]; compressors for refrigerators

Class 11 Lamps; lights for vehicles; germicidal lamps for purifying air; curling lamps; acetylene flares; cooking apparatus and installations; lava rocks for use in barbecue grills; refrigerators; air purifying apparatus and machines; hair dryers; water heaters; fog machines for stage use; heating installations; watering installations; automatic solar water heaters; filters for drinking water; radiators, electric; lighters; polymerisation installations.

Class 12

Class 18

Class 21 Cooking pans, non-electric; food preserving jars of glass; earthenware saucepans; works of art of porcelain, ceramic, earthenware, terra-cotta or glass; drinking bottles for sports; perfume burners; electric combs; dishwashing brushes; hair for brushes; toothbrushes, electric; floss for dental purposes; cosmetic utensils; insulating flasks; mops; opaline glass; birdcages; indoor terrariums [vivariums]; plug-in diffusers for mosquito repellents; nozzles for watering hose

Class 28

1642214

IR No. 1213534

9 January 2014

Redmi

Class 9 Computers; portable telephones; headphones; cameras [photography]; television apparatus; cabinets for loudspeakers; batteries, electric; battery chargers; home used remote controllers; computer peripheral devices; sockets, plugs and other contacts [electric connections]; USB flash drives; eyeglasses; theft prevention installations, electric; audio and video receivers; wires, electric; scales; light-emitting electronic pointers; modems

Class 38

1650209

IR No. 1217482

9 April 2014

MI WIFI

Class 9 Computer hardware, computer software and computer peripherals for communication between multiple computers and between computers and local and global computer networks; network routers; wireless routers; computer network hubs, switches, adapters and routers; connection cables, servers and routers; modems and modem cables; computer hardware and software for use in connecting computers with televisions, projectors, monitors or other display devices over electronic, optical, or wireless communications networks; computer storage device for back-up, storage and access of electronic data through local and remote computer networks; transponders; transmitters of electronic signals

1658085

10 April 2014

MI BOX

Class 9 Telecommunications products, namely, digital set-top boxes and digital video recorders; computer software for use with set-top boxes and digital video recorders; computer hardware and peripherals; computer networking hardware and peripherals; computer software for use in accessing and viewing interactive television program guides via global computer networks, wireless networks and electronic communication networks; remote controls; computer hardware and software for receiving, converting, transmitting, streaming, and reviewing audio, video, television, movies, photographs and other digital images, and other multimedia content; computer hardware and software for controlling the operation of audio and video devices and for viewing, searching and/or playing audio, video, television, movies, photographs and other digital images, and other multimedia content; computer hardware and software for use in accessing and viewing interactive television program guides via global computer networks, wireless networks and electronic communication networks; computer software for the remote programming of audio and video devices via global computer networks, wireless networks and electronic communication networks; downloadable computer software for operating telecommunications products; downloadable software in the nature of a mobile application for operating telecommunications products; computer game programs; downloadable music files; downloadable image files; radios; navigational instruments; screens (photoengraving); slide projectors

Class 38

1839239

IR No. 1340015

13 May 2016

MIHOME

Class 7 Agitators; mixers (machines); dishwashers; grinding machines; electric blenders; electric kitchen machines; electric fruit presses for household use; soybean reaping cutters (machines); industrial washing machines; washing machines for household purposes; washing machines incorporating drying facilities; ironing machines; industrial robots; knives (parts of machines); knife blades for electric knives; knife sharpeners (electric); mills (machines); industrial cleaning machines; electric cleaning machines; carpet cleaning machines; apparatus for the removal of dust from buildings; electric dust removing (cleaning) apparatus; dust removing installations for cleaning purposes; dust separators; dust filters and bags for vacuum cleaners; air filters being parts of engines; machines for manufacturing air filter elements; filters (parts of machines or engines); apparatus (machines) for filtering; filter presses; filters for industrial purposes; central vacuum cleaning apparatus

Class 9 Computer storage apparatus; computer apparatus; computer programmes (programs), recorded; keyboards; computer operating programs, recorded; computer peripheral equipment; computer software; computer software (recorded); monitors (computer hardware); computer monitoring apparatus; computer monitoring instruments; computer mouse; data processing equipment; optical data media; optical disks; central processing units; scanners (data processing equipment); electronic cards; notebook computers; electronic publications (downloadable); computer programs (downloadable software); computer game software; downloadable ring tones for mobile phones; downloadable music files; downloadable image files; USB flash drives; portable computers; counters; time recording apparatus; electronic timers; detectors; photocopiers (photographic, electrostatic, thermic); mobile or portable fax machine; fax devices; scales; measuring apparatus and instruments; gauges; electronic bulletin board apparatus; telephone handsets; apparatus for navigation; navigational instruments; radiotelegraphy sets; telegraphic apparatus; radio apparatus; radio receivers; radio control units; radios; telephones; video phones; satellite navigational apparatus; hands free kits for phones; global positioning system (GPS) apparatus; mobile phones for use in vehicles; cell phones; telephone sets; tape recorders; audio amplifiers; video receivers; headsets for telephones; headsets for use with computers; wireless headsets for smartphones; anti-dust headsets; loud speakers; apparatus for sound transmission; sound recording devices; recording devices for sound and image carriers; time clocks (time recording devices); speakers (audio equipment); cameras; portable media players; video recording apparatus; video cameras; cameras (photography); slide projectors; photographic projectors for slides; photographic slides; slide framing apparatus; slide projection lenses; slide film mounts; pressure gauges; dynamometers; optical instruments, other than for medical use; stereoscopes; video monitors; remote control apparatus; electronic measuring devices for telephone lines; automatic test instruments for monitoring telephone lines; electric wires; silicon wafers; semi-conductors; sensor apparatus, other than for medical use; electric control apparatus; electrical anti-theft devices, other than for vehicles; anti-theft warning devices; burglar alarms; optical glasses; glasses adapted to protect the eyes; sunglasses; batteries; battery chargers; vehicle batteries; animated cartoons; regulated power supply apparatus; onoff sensors; light regulators (dimmers), electric; plugs, sockets and other contacts (electric connections); temperature indicators; electric sensors; meters; instruments for measuring pressure; simulators for driving or control of vehicles

Class 11 Electric lamps; lighting lamps; lighting apparatus and installations; lighting devices for showcases; lampshades; flashlights; safety lamps; lighting installations for air vehicles; vehicle lighting apparatus; motor vehicle lamps; lamps; electric cookers; cooking apparatus and installations; electric pressure cookers; electric kettles; water heaters; freezers; refrigerators; refrigeration installations; refrigeration units; refrigerator deodorizing units; pocket torches, electric; toasters; air purification apparatus; air conditioning apparatus; air filtration installations; air cooling apparatus; air dryers; airconditioning fans; clothes dryers; dryers for the hands using a warm air drying stream; drying apparatus; electric heaters; water filter apparatus; gas purification apparatus; ionizers for the treatment of air or water; machines for the processing (purification) of sewage; apparatus for water purification; fabric steamers; heaters for heating irons; ventilating fans; axial fans; air humidifier; electric heating apparatus; automatic faucets; water distributing apparatus (automatic); water installations (automatic); automatic flushing installations for urinals; toilet stool units with a washing water squirter; toilets with washing functions; automatic watering installations; bathroom fixtures; bathroom installations; bath fittings; portable electric heater; lighters; electric hair dryers; drying apparatus and installations

Class 35

Class 42

1876215

IR No. 1366276

28 April 2017

Class 7 Agitators; mixers (machines); dishwashers; grinding machines; electric blenders; electric kitchen machines; electric fruit presses for household use; soybean reaping cutters (machines); industrial washing machines; washing machines for household purposes; washing machines incorporating drying facilities; ironing machines; industrial robots; knives (parts of machines); knife blades for electric knives; knife sharpeners (electric); mills (machines); industrial cleaning machines; electric cleaning machines; carpet cleaning machines; apparatus for the removal of dust from buildings; electric dust removing (cleaning apparatus); dust removing installations for cleaning purposes; dust separators; dust filters and bags for vacuum cleaners; machines for manufacturing air filter elements; apparatus (machines) for filtering; filter presses; filters for industrial purposes; central vacuum cleaning apparatus

Class 9 Computer storage apparatus; computer apparatus; computer programmes (programs), recorded; keyboards; computer operating programs, recorded; computer peripheral equipment; computer software; computer software (recorded); monitors (computer hardware); computer monitoring apparatus; computer monitoring instruments; computer mouse; data processing equipment; optical data media; optical disks; central processing units; scanners (data processing equipment); electronic cards; notebook computers; electronic publications (downloadable); computer programs(downloadable software); computer game software; downloadable ring tones for mobile phones; downloadable music files; downloadable image files; USB flash drives; portable computers; counters; time recording apparatus; electronic timers; detectors; photocopiers (photographic, electrostatic, thermic); mobile or portable fax machine; fax devices; scales; measuring apparatus and instruments; gauges; electronic bulletin board apparatus; telephone handsets; apparatus for navigation; navigational instruments; radiotelegraphy sets; telegraphic apparatus; radio apparatus; radio receivers; radio control units; radios; telephones; video phones; satellite navigational apparatus; hands free kits for phones; global positioning system (GPS) apparatus; mobile phones for use in vehicles; cell phones; telephone sets; tape recorders; audio amplifiers; video receivers; headsets for telephones; headsets for use with computers; wireless headsets for smartphones; anti-dust headsets; loud speakers; apparatus for sound transmission; sound recording devices; recording devices for sound and image carriers; time clocks (time recording devices); speakers (audio equipment); cameras; portable media players; video apparatus; video cameras; cameras (photography); slide projectors; photographic projectors for slides; photographic slides; slide framing apparatus; slide projection lenses; slide film mounts; pressure gauges; dynamometers; optical instruments, other than for medical use; stereoscopes; video monitors; remote control apparatus; electronic measuring devices for telephone lines; automatic test instruments for monitoring telephone lines; electric wires; silicon wafers; semiconductors; sensor apparatus, other than for medical use; electric control apparatus; electrical anti-theft devices, other than for vehicles; anti-theft warning devices; burglar alarms; optical glasses; glasses adapted to protect the eyes; sunglasses; batteries; battery chargers; vehicle batteries; animated cartoons; regulated power supply apparatus; on-off sensors; light regulators (dimmers), electric; plugs, sockets and other contacts (electric connections); temperature indicators; electrical sensors; meters; instruments for measuring pressure; simulators for driving or control of vehicles

Class 11 Electric lamps; lighting lamps; lighting apparatus and installations; lighting devices for showcases; lampshades; flashlights; safety lamps; lighting installations for air vehicles; vehicle lighting apparatus; motor vehicle lamps; lamps; electric cookers; cooking apparatus and installations; electric pressure cookers; electric kettles; water heaters; freezers; refrigerators; refrigeration installations; refrigeration units; refrigerator deodorizing units; pocket torches, electric; toasters; air purification apparatus; air conditioning apparatus; air filtration installations; air cooling apparatus; air dryers; airconditioning fans; clothes dryers; dryers for the hands using a warm air drying stream; drying apparatus; electric heaters; water filter apparatus; gas purification apparatus; ionizers for the treatment of air or water; machines for the processing (purification) of sewage; apparatus for water purification; fabric steamers; heaters for heating irons; ventilating fans; axial fans; air humidifier; electric heating apparatus; automatic faucets; water distributing apparatus (automatic); water installations (automatic); automatic flushing installations for urinals; toilet stool units with a washing water squirter; toilets with washing functions; automatic watering installations; bathroom fixtures; bathroom installations; bath fittings; portable electric heater; lighters; electric hair dryers; drying apparatus and installations

Class 12

Class 14

Class 16

Class 18

Class 20

Class 21

Class 25

Class 28

Class 35

Class 38

Class 42

1881209

IR No. 1371119

19 August 2019

Class 9 Surveying apparatus and instruments; stereoscopes; chips [integrated circuits]; sensors; video screens; remote control apparatus; theft prevention installations, electric; chargers for electric batteries; wires, electric; pedometers; none of the foregoing being, being parts of or being for use in connection with mobile telephones, headphones, earphones, computers for showing map information, computers for showing digitized land maps or photographic apparatus or instruments

1903841

IR No. 1386657

8 February 2017

Class 9 Notebook computers; computer software, recorded; computer software applications, downloadable; computer game software; mobile telephones / cell phones / cellular phones; transmitters of electronic signals; measuring instruments; sensors in the nature of measurement apparatus, other than for medical use; earphones; television apparatus; remote control apparatus; batteries, electric; pedometers; cabinets for loudspeakers; cameras [photography]; video recorders; computer peripheral devices; theft prevention installations, electric; spectacles [optics]; chips [integrated circuits]; navigational instruments; Global Positioning System [GPS] apparatus; sockets, plugs and other contacts [electric connections] / plugs, sockets and other contacts [electric connections]; router; liquid crystal displays; chargers for rechargeable apparatus; apparatus for recording distance for land vehicles

1925566

IR No. 1400365

9 January 2017

Class 7 Agitator; mixers; mixing machine; dish washing machines; household non manual grinding machine; electric blender; kitchen electric machines; household electric fruit presses; domestic soya bean milk machine; washing machines; washer-dryers; ironing machines; robot (mechanical); knife (machine part); electric knife; mill; cleaning equipment; electric cleaning machinery and equipment; carpet cleaning machines and devices (electric); dust exhausting installations for cleaning purposes; vacuum cleaner bags; cooling air filters, parts of engines; filters for cleaning cooling air, for engines; filter (machine or engine parts); filters being parts of engines; central vacuum cleaning device, vacuum cleaners; sweeping robot

Class 9 Computer storage devices; computer; computer programmes [programs], recorded; computer keyboard; recorded computer operating programs; computer peripheral equipment; computer software; computer software (recorded); monitor (computer hardware); monitoring program (computer program); mouse (data processing equipment); optical data media; optical disks; central processor (CPU); scanner (data processing equipment); cards encoded with security features for identification purposes; notebook computer; electronic publications (downloadable); computer program (downloadable software); computer game software; mobile phone ringtone, downloadable; downloadable music files; image files can be downloaded; USB flash drive; portable computer; counters; time recording device; timer (time recording device); detectors; copier (photographic, electrostatic, thermal); fax machine; scale; measuring tools; gauges; electronic bulletin board apparatus; handset; navigation instruments; complete radio telegraph; radio equipment; telephone; video phone; satellite navigation equipment; telephone sets for hands-free tools; global positioning system (GPS) equipment; smartphones; telephone sets; tape recorders; audio amplifiers; video receiver; headset; loudspeakers; sound transmitting apparatus; recording devices; speaker; camera; portable media player; downloadable videos; video camera; camera (photography); slide projectors; measuring instruments; pressure gauges; dynamometer; optical apparatus and instruments; stereoscope; video monitor; remote control; telephone lines; electric wires; silicon wafer; semiconductor; sensor; electric control device; electronic anti-theft devices; burglar alarm; optical glasses; glasses; sunglasses; battery; battery chargers; vehicle battery; animated cartoons; cell switches [electricity]; light regulator (electric); plugs, sockets and other contacts (electrical connections); temperature indicator; sensor (electric); velocity meter; pressure measurement apparatus; vehicle driving and control simulator; detecting instrument

Class 11 Lamps; lighting equipment and devices; circular lampshade; flashlight; safety lamps; air vehicle lighting equipment; lighting apparatus and installations for vehicles; lamp lighting device for vehicles; automotive lamps; electric cookers; cooking equipment; electric pressure cooker; electric kettle; water heater; freezers; refrigerators; refrigeration equipment and devices; refrigerating cabinets; pocket flashlight; toasters; air purification equipment and machines; air conditioning equipment; air filtration equipment; air cooling device; air purifying apparatus and machines; air dryer; fans [air-conditioning]; electric dryer; drying equipment; electric heater; drinking water filter; gas purification equipment; air or water treatment with ionizing device; sewage purification equipment; water purification device; air disinfector; fabric steamers; exhaust fan; humidifiers; electric heating device; water heater (device); automatic watering device for bath; bathroom fixtures; bath equipment; portable heater; lighters; hair dryer; drying apparatus and equipment, electric rice cooker; desk lamp; electric fan

Class 12

1950244

IR No. 1419046

20 September 2017

Class 9 Computers; mobile telephones; headphones; cameras; surveying apparatus and instruments; stereoscopes; chips [integrated circuits]; sensors; video screens; remote control apparatus; theft prevention installations, electric; chargers for electric batteries; wires, electric; pedometers; spectacles; computer software applications, downloadable; drive recorder; facsimile machines

1974081

IR No. 1438209

30 August 2018

Class 9 Downloadable mobile application; quantity indicators; cash registers; mechanisms for counter-operated apparatus; electronic tags for goods; apparatus for network communication; sound transmitting apparatus; cameras [photography]; chips [integrated circuits]; sensors; inductors [electricity]; face recognition equipment; theft prevention installations, electric

Class 35

Class 36

2002471

IR No. 1460663

17 August 2018

MI A2

Class 9 Notebook computers; pedometers; apparatus to check franking; cash registers; mechanisms for coin-operated apparatus; dictating machines; holograms; hemline markers; voting machines; electronic terminals for generating lottery tickets; face recognition device; photocopiers; electronic weight scale; dressmakers' measures; rescue laser signalling flares; smartphones; automobile data recorder; cameras [photography]; measuring instruments; inductors [electricity]; mirrors [optics]; materials for electricity mains [wires, cables]; wafers for integrated circuits; chips [integrated circuits]; rheostats; electrical adapters; video screens; electronic key fobs being remote control apparatus; optical fibers [light conducting filaments]; electric installations for the remote control of industrial operations; lightning conductors; ionization apparatus not for the treatment of air or water; fire extinguishing apparatus; radiology screens for industrial purposes; respirators for filtering air; intrusive alarm; 3D spectacles; mobile power (rechargeable battery); slides [photography]; mobile telephones Class 42 Research and development of new products for others; quality control; surveying; cosmetic research; biological research; meteorological information; vehicle roadworthiness testing; industrial design; design of interior décor; dress designing; computer software design; authenticating works of art; graphic arts design; unlocking of mobile phones; design and development of mobile phone application software; mobile phone software update

2006829

IR No. 1464409

3 October 2018

Class 9 Internet router; security surveillance robots; spectacles; video screens; remote control apparatus; measuring instruments; sensors; chips [integrated circuits]; video projectors; animated cartoons; light dimmers [regulators], electric; quantity indicators; theft prevention installations, electric; batteries, electric

Class 38

Class 41

2009796

IR No. 1466847

15 August 2018

Mi Wallet

Class 9 Quantity indicators; measuring instruments; transducer; eyeglasses; video screens; computer peripheral devices; Global Positioning System [GPS] apparatus; electronic sounding device with books; animated cartoons; cameras [photography]; remote control apparatus; chips [integrated circuits]; theft prevention installations, electric; chargers for electric batteries; cash registers; currency recognition machine; photocopiers; scales with body mass analyzers; electronic scale for kitchen; signal lanterns; materials for electricity mains [wires, cables]; selfie sticks for use with smartphones; protection devices for personal use against accidents; slides [photography]; smartphones

2009799

IR No. 1466848

15 August 2018

Mi Finance

Class 9 Computer software applications, downloadable; quantity indicators; measuring instruments; transducer; eyeglasses; video screens; computer peripheral devices; Global Positioning System [GPS] apparatus; electronic sounding device with books; animated cartoons; cameras [photography]; remote control apparatus; chips [integrated circuits]; theft prevention installations, electric; chargers for electric batteries; cash registers; encryption computer software; computer operating software; operating management software for portable magnetic and electronic cards; downloadable mobile applications; currency recognition machine; photocopiers; scales with body mass analyzers; electronic scale for kitchen; signal lanterns; materials for electricity mains [wires, cables]; selfie sticks for use with smartphones; protection devices for personal use against accidents; slides [photography]; smartphones

Class 36

2014177
IR No. 1470868

21 January 2019

Class 9 Computer peripheral devices; Global Positioning System [GPS] apparatus; electronic sounding device within books, namely, audio devices for audiobooks; animated cartoons; cameras [photography]; mouse pads; quantity indicators; measuring instruments; sensors; spectacles; video screens; remote control apparatus; chips [integrated circuits]; theft prevention installations, electric; chargers for electric batteries

Class 35

Class 36

2057072

IR No. 1503176

15 April 2019

Class 9 Computer software applications, downloadable; computer software platforms, recorded or downloadable; pedometers; counterfeit coin detectors; dictating machines; holograms; electronic terminals for generating lottery tickets; face recognition equipment; phototelegraphy apparatus; electronic weighing scales; measures; digital signs; smartphones; wearable video display monitors; headphones; video projectors; measuring apparatus; optical lenses; materials for electricity mains [wires, cables]; semiconductors; chips [integrated circuits]; rheostats; electric plugs; sensors; video screens; remote control apparatus; optical fibers [light conducting filaments]; heat regulating apparatus; electrolysers; fire extinguishing apparatus; X-ray apparatus not for medical purposes; protective helmets; theft prevention installations, electric; sunglasses; batteries, electric; animated cartoons; sports whistles

Class 35

Class 36

Class 38

Class 42