'iPhone' flashlights? IPR office says no way
Source: Xinhua |
February 21, 2012, Tuesday
|
Print Edition
Print Edition
A CHINESE merchant's application for rights to brand flashlights with the name "iPhone" has been shelved amid trademark rows with the technology giant Apple Inc.
Cai Zhiyong, whose company is based in east China's Zhejiang Province, said he applied to register iPhone as a trademark for his lamps and flashlights in 2010, but was recently asked to provide supporting evidence in the final disclosure stage.
"Apple objected to our application on the last day of the three-month disclosure that began in June 2011," said Xu Jie, a lawyer representing Cai's company based in the leading manufacturing town of Yiwu.
Last Friday, Xu received a letter from the trademark office of the State Administration for Industry and Commerce demanding the applicant provide supporting evidence within a month. Apple held Cai's firm had infringed upon its trademark and should therefore withdraw the application.
"The debate focused on whether iPhone had gained certified status as a 'famous brand' under protection from China's law of trademarks," said Xu. The law prevents "famous" brand names from being registered under other categories.
"Famous as it is today, we cannot assume iPhone was already an officially recognized 'famous brand' back in 2010," Xu said, adding that it took him by surprise when he found, at Cai's request in 2010, that Apple had not registered its trademarks in all of China's 45 commercial categories, a practise other transnational firms follow.
"It seemed to me that Apple did not care much about the China market. So the dispute was caused by Apple's brand strategy flaws," he said.
Xu expected the dispute to last two to three years.
At least 39 Chinese companies and individuals have attempted to register iPhone and iPad trademarks in categories that Apple has not, according to the China Trademark Website.
Chinese courts will hear an iPad trademark dispute between Apple and the Shenzhen-based Proview later this month.
Cai Zhiyong, whose company is based in east China's Zhejiang Province, said he applied to register iPhone as a trademark for his lamps and flashlights in 2010, but was recently asked to provide supporting evidence in the final disclosure stage.
"Apple objected to our application on the last day of the three-month disclosure that began in June 2011," said Xu Jie, a lawyer representing Cai's company based in the leading manufacturing town of Yiwu.
Last Friday, Xu received a letter from the trademark office of the State Administration for Industry and Commerce demanding the applicant provide supporting evidence within a month. Apple held Cai's firm had infringed upon its trademark and should therefore withdraw the application.
"The debate focused on whether iPhone had gained certified status as a 'famous brand' under protection from China's law of trademarks," said Xu. The law prevents "famous" brand names from being registered under other categories.
"Famous as it is today, we cannot assume iPhone was already an officially recognized 'famous brand' back in 2010," Xu said, adding that it took him by surprise when he found, at Cai's request in 2010, that Apple had not registered its trademarks in all of China's 45 commercial categories, a practise other transnational firms follow.
"It seemed to me that Apple did not care much about the China market. So the dispute was caused by Apple's brand strategy flaws," he said.
Xu expected the dispute to last two to three years.
At least 39 Chinese companies and individuals have attempted to register iPhone and iPad trademarks in categories that Apple has not, according to the China Trademark Website.
Chinese courts will hear an iPad trademark dispute between Apple and the Shenzhen-based Proview later this month.
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