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By Jarrid Outlaw<\/p>\n
Apple is slated to release their next big market product the \u201cApple Vision Pro\u201d early next year.[1]<\/a>\u00a0 The vision pro is an augmented reality (AR) headset that also acts as a standalone computer.[2]<\/a>\u00a0 Apple proclaims this product to be the first \u201cspatial computer.\u201d[3]<\/a>\u00a0 It combines everyday apps we use on our phones and computers and projects them as an interactive canvas, while still allowing the user freedom to see the environment around them.[4]<\/a>\u00a0 It also connects with MacBooks, allows you to make the canvas as big and small as you want, has state of the art resolution, and works as a standalone computer.[5]<\/a>\u00a0 Tim Cook, Apple\u2019s CEO, had this to say, \u201cApple Vision Pro introduces us to spatial computing. Built upon decades of Apple innovation, Vision Pro is years ahead and unlike anything created before \u2014 with a revolutionary new input system and thousands of groundbreaking innovations. It unlocks incredible experiences for our users and exciting new opportunities for our developers.\u201d[6]<\/a>\u00a0 Though Apple has come up with numerous new and exciting technological innovations, they will have a hard time in the global market due to China\u2019s trademark law.[7]<\/a><\/p>\n <\/p>\n While domestically there is no issue the release of the vision pro, Huawei Technologies Co., based in China, trademarked \u201cVision Pro\u201d in 2021.[8]<\/a>\u00a0 Huawei Technologies Co. (Huawei) is a large tech company based in China that was once a major smartphone rival to Apple.[9]<\/a>\u00a0 The two companies have faced in the legal realm before in 2021 where they engaged in a trademark battle and Apple lost a legal attempt to block Huawei\u2019s use of the term \u201cMatePod.\u201d[10]<\/a>\u00a0 Huawei filed the application in 2019 and they were granted the exclusive rights to the term in 2021 for the duration of a decade by the China National Intellectual Property Administration (CNIPA).[11]<\/a>\u00a0 Since Apple intends to sell this product globally, CNIPA and China\u2019s laws will halt sale of the product because such a sale would constitute as trademark infringement based on China\u2019s intellectual property laws and previous court rulings.[12]<\/a>\u00a0 What can Apple do?\u00a0 There are few options Apple has when it comes to their current issues.\u00a0 Apple can: (1) rebrand the headset and name it differently for only the Chinese market, (2) negotiate with Huawei to use the name in China, and (3) they could decide not to sell the product in China.[13]<\/a>\u00a0 Out of the three options the clear choice is to rebrand the product in China.\u00a0 Negotiating with Huawei would be a time-consuming process that only might meet their goal of selling the product there. [14]<\/a><\/sup>\u00a0 Negotiations to get exactly what each party wants while both considering future consent, international laws, competition\/anti-trust laws, termination, challenges, obligations, and so forth can become tiring and delay the planned release for the product.[15]<\/a> Not selling the product in such a large market is a greater loss since China is one of the largest tech markets in the world. As Apple\u2019s first new major product in almost a decade, Apple would not want their release day spoiled by trademarking issues.\u00a0 CEO Tim Cook has even said that “the beginning of a new era for computing”.[16]<\/a>\u00a0 With such a groundbreaking product Apple will want the easiest transition possible for the product to enter the market.\u00a0 Neither Apple nor Huawei have responded to requests for comment since the news of the trademarking issues arose.[17]<\/a>\u00a0 You Yunting, a senior partner at Shanghai Debund Law Firm, remarks that Apple may trademark the term \u201cApple Vision\u201d since the word \u201cVision\u201d is not distinctive.[18]<\/a>\u00a0 Overall while globally Apple is still looking to have a smooth launch, Chinese trademark law is the only thing standing in the way of Apple\u2019s full release of the Apple Vision Pro.<\/p>\n \u00a0<\/em><\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n [1]<\/a> Abid Ahsan Shanto, Huawei Holds Trademark For \u201cVision Pro\u201d Name in China, Apple May Face Troubles<\/em>, Gizchina, June 12, 2023.<\/p>\n [2]<\/a> Introducing Apple\u00a0Vision\u00a0Pro: Apple\u2019s first spatial computer<\/em>, Apple, June 5, 2023.<\/p>\n [3]<\/a> Id.<\/em><\/p>\n [4]<\/a> Id.<\/em><\/p>\n [5]<\/a> Id.<\/em><\/p>\n [6]<\/a> Id.<\/em><\/p>\n [7]<\/a> A<\/em><\/strong>pple’s new AR headset may face trademark issue in China as ‘Vision Pro’ name already belongs to Huawei<\/em>, South China Morning Post, June 12, 2023.<\/p>\n [8]<\/a> Id.<\/em><\/p>\n [9]<\/a> Id.<\/em><\/p>\n [10]<\/a> Id.<\/em><\/p>\n [11]<\/a> Id.<\/em><\/p>\n [12]<\/a>Apple’s new AR headset may face trademark issue in China as ‘Vision Pro’ name already belongs to Huawei<\/em>, South China Morning Post, June 12, 2023.<\/p>\n [13]<\/a> Abid Ahsan Shanto, Huawei Holds Trademark For \u201cVision Pro\u201d Name in China, Apple May Face Troubles<\/em>, Gizchina, June 12, 2023.<\/p>\n [14]<\/a> Id.<\/em><\/p>\n [15]<\/a> Negotiating Trade Mark Settlement and Co-Existence Agreements<\/em>, AJ Park, Sep. 23, 2019.<\/p>\n [16]<\/a> Supra<\/em> note 13.<\/p>\n