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Author Topic: About xiaomi trademark.  (Read 454 times)

Dan1980

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About xiaomi trademark.
« on: 01-23-18 at 01:49 am »

Can someone check for me weather i can use xiaomi the name in ads on the internet?
Can u please explain how u checked this even in short :]

As long as i have read i saw that there are forms in which trademark can be used.
Can someone give example with xiaomi trademark.

About xiaomi ,to use its names of phones in ads on the internet would be good if that possible.

Thanks links and explantion would be welcome.

Hope to be answered soon.
Have a nice day all :]
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MYK

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Re: About xiaomi trademark.
« Reply #1 on: 01-23-18 at 12:02 pm »

I don't know what Japan's laws are about it.  In the U.S., you are generally allowed to use a trademark when discussing or advertising the products that are sold under that trademark, including for such things as comparative advertising or criticism.

https://en.wikipedia.org/wiki/Nominative_use

I can't find a Xiaomi trademark usage guide on their site (most major manufacturers have one, but they're in China, so. . . .).  If you want an answer specific to Japanese law (or some other country), I would suggest asking a lawyer there, preferably one who deals with trademarks.  We have a few EU members who comment occasionally, but most of the people on this forum are from the U.S.
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

Dan1980

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Re: About xiaomi trademark.
« Reply #2 on: 01-25-18 at 04:30 am »

Hi,

Actually i searched the USPTO site for xiaomi and redmi which are both trademarked by xiaomi.
From what i've understood after some research ,the trademark is protected in the specific country in hich its registrated in most cases.

So if they trademarked their logos and words "xiaomi" and "redmi" in the u.s the above[what u have written before] is apply to these trademarks...correct? . unless there are any exceptions which maybe u can check according to the trademark registration.

A link to the trademark registration.[USPTO]
--------------------------------------
Okay i cant post links just search for redmi and xiaomi on uSPTO basic new user search pls.
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MYK

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Re: About xiaomi trademark.
« Reply #3 on: 01-25-18 at 08:08 pm »

They are a major electronics company;  they have almost certainly registered their trademark in every country.

The laws, rules, and customs about referencing trademarks depend on where YOU are located and where YOU intend to write about them.  Theoretically they could sue you anywhere, but practically speaking they would sue you either where you are located or in China where they are based.  Suing you in China, if you are not in China and if you don't respond to a lawsuit there, would make it difficult to enforce a default judgment against you in your own country.

Disclaimer: talk to an attorney wherever you are and/or where you plan to publish, if you want legal advice upon which you can rely.
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

Dan1980

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Re: About xiaomi trademark.
« Reply #4 on: 02-03-18 at 12:23 pm »

Well im back..

What about Huawei?

Here is their trademark policy.  -----> Write Huawei trademark policy in google ,i cant post links yet.

According to the policy :
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"4. Rules for correct use of HUAWEI Trademarks

a). Trademarks can only be used as adjectives to modify nouns; the nouns herein mean the generic name of a product or service."

So lets say i advertise product product name A....may i write actually "Huawei product name A -  buy now"
because its an adjective modifying a noun named "product name A" Which is generic name of a product according to the policy quotation?

**********
Another question is how do i check weather huawei's product names are protected by trademark?

Thanks- smile and have a nice day/night :]

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