Apple iPad alleged trademark infringement of the second trialhas no results, and because Yiwu Wen suppliers Cai Zhiyong apply for registration in advance of the 11 commodity groups in the word "iPhone" trademark into new trouble. Against the objections raised by Apple, in March 1 Cai Zhiyong commissioned Yiwu Xu Jie Trademark Office, the State Trademark Bureau has submitted an objection to defense, and held a press conference to formally respond to Apple.
The iPhone meets the well-known trademarks standard?
Apple's objection to the registration of a trademark of Cai Zhiyong, an important basis for the iPhone is well-known trademarks should be subject to cross-class protection.
IPhone in our application, simply can not constitute trademark law on the conditions and criteria of well-known trademark, cross-category protection is out of the question. "Cai Zhiyong registered trademarks of the principal, said Xu Jie, early in 2006, has been requested iPhone trademark when Apple's iPhone product is simply not listed.
Apple's iPhone trademark well-known trademarks recognized only apply for registration "computer hardware, computer software (recorded)" At first, the iPhone reasons for the delay can not enter the mainland China sales is due to and Hanwang company first registered i- Phone conflict until after the October 2009 through the high prices to buy HW only legitimate use of the iPhone trademark. Apple's iPhone trademark registered in the mobile phone goods successfully in April 2010, only 4 months earlier than Cai Zhiyong application for the iPhone trademark on the "flashlight" product such as best LED flashlight, so the iPhone can not constitute a well-known trademark conditions.
Xu Jie said, "Apple has never been used in the flashlight goods iPhone trademark, Cai Zhiyong is not Apple's dealers, the two sides do not have any business dealings, do not constitute abusive registration of trademarks."
Registration is successfully used in high-end flashlight
Cai Zhiyong the main business of the enterprises in Yiwu market, flashlight, flash, lights, night lights for kids, 12 volt LED lights and ranking 11 categories of goods. Started an upsurge in the current iPhone to enter the Chinese market, he would like to take this trend to their own products to sell out.
"I and Apple products have a fundamental difference, it is impossible to constitute a similar mark," said Cai Zhiyong, the same well-known trademarks to coexist in different types of normal, such as China cigarettes and China pencil, Apple Computer and Apple clothing does not exist who is near the Who, but the order only.
iPhone is trademark of six letters of the alphabet, based on similar goods and services to distinguish listed in the table ", a total of 45 categories, they do not constitute a similar mark for similar goods, any people and businesses can be free in 45 categories choose to register.
Xu Jie said, in addition to Apple, there are more than 20 individuals and businesses to apply for registered iPhone trademark, Cai Zhiyong is not the first nor the last one.
Online comments Cai Zhiyong opportunistic to say, he responded that he is an Industrial operators have a certain reputation, the company's own brand in the flashlight industry, the application for the iPhone trademark is only prepared to use the trademark registration is successful will be used in high-end flashlight products, not opportunistic, to earn Apple's buyout fee. "If the registration is successful, we do not consider this trademark to sell."
Has already done five years of protracted war ready
Xu Jie Cai Zhiyong raised objection to the respondent, according to the procedure to enter the Trademark Office objection to the trial stage, the past practice to take a year and a half to two years before making the ruling on the opposition. Then if one party is not satisfied, you can raise objections review, up to embark on legal channels through the whole procedure requires about five years.
"We are a legitimate application, ready to fight a protracted war." Cai Zhiyong said they will not make Apple any waving the big stick of Intellectual Property, to occupy trademarks resources.
Zhejiang Chouzhou Lawyer Tao Xuming think Cai Zhiming apply a very high probability of success, "In compliance with the rules of the market under the premise of Francis Choi Chee to do so is nothing wrong, he did not damage the interests of the Apple, there is no infringement."
In the afternoon of March 1, call Apple objection agent enterprise IntellecPro Intellectual Property Agency Ltd., the principal Shuying said that Apple did not authorize them to issue any public announcement, they can not talk too much.