Court Rules AI Wake-up Word as Trademark Use, Malicious Squatting of Revoked Trademark Constitutes Infringement

WISECODE Take

This ruling highlights a fundamental shift in trademark usage in the digital age, a shift many business owners might overlook, assuming trademarks are limited to visual presentation. Military strategy emphasizes securing key strategic positions and adapting deployments to new battlefields. In this case, Xiaomi Technology's use of "Xiao Ai Tong Xue" as an AI wake-up word since July 2017 is akin to preemptively occupying a strategic high ground in the digital era's voice interaction, establishing a robust brand identification defense. Conversely, Henan Mouai Tongxue Biotech and Shanghai Mouai Tongxue Food Technology attempted to "piggyback" on this highly recognized brand in the dairy market, even leveraging a previously revoked trademark (due to non-use for three years), much like an enemy trying to use outdated equipment to create confusion and free-ride. For business owners, this signifies that the brand battlefield in the digital age has expanded from traditional visual media to auditory and even broader sensory domains. If your brand possesses an identification function in AI interactive interfaces, voice assistants, or IoT devices but remains unprotected, you could face infringement compensation risks, as seen with Xiaomi, amounting to 7.5 million RMB. First, review how your brand is used in digital scenarios, especially AI voice interaction, ensuring proper trademark protection for relevant identification symbols across appropriate goods or service categories. Second, regularly monitor the market for malicious registrations or uses of similar trademarks, paying close attention to those attempting to "piggyback" by reapplying after a revocation for non-use. Third, for brands that have established high recognition, actively assert their "well-known trademark" status to gain cross-category protection. In the AI era, a brand's voice is a future strategic high ground for enterprises; early strategic planning is crucial. Zhidian can assist you with comprehensive trademark monitoring and risk assessment to ensure your digital brand assets are fortified.