According to China Court’s First Instance Judgement, Apple Loses the iPad Trademark

According to the latest news, Shenzhen Media People’s Court judged on the iPad trademark conflict between Apple Inc (the “Apple”) and Proview Technology (Shenzhen) Co., Ltd. (the “Proview”), and Apple’s claim of Proview’s infringement against its trademark was rejected. That means the ownership of iPad trademark in China still belongs to Proview.

For this case, Bridge IP Law Commentary has expressed our opinions and analysis in the No “iPad” Chinese trademark right for Apple after payment in the transaction. And we anticipate that Apple may appeal to the higher court, while the case may end up in the consequence that Apple shall lose iPad trademark in mainland China shall the higher court maintained the judgment.

Surely, Apple is also likely to purchase the trademark through conciliation with Proview, while Apple has been put on a passive position for the company has lost the first instance which may lead to the rocketing offer from Proview, furthermore, it’ s also reported that Proview is trapped in the financial difficulty and the company is actually controlled by the meeting of creditors of banks, which may also increase the difficulty of the reconciliation in the case.

Currently, Proview has initiated litigations against the licensed dealers of Apple in Guangdong Province, demanding the stop using of the infringing iPad trademark. In Bridge IP Law Commentary’s opinion, there must be problems in the trademark investigation and transference, which mainly results from the poor undertsanding on China trademark law, therefore, Bridge IP Law Commentary has collected some essays from our website for your reference:

No “iPad” Chinese trademark right for Apple after payment in the transaction

How to improve the success rate of trademark registration in China?

The Actual Term of Trademark Registration in China

Introduction of China’s Legal System of Trademark Renewal

Will Daily Deal Website Lashou Lost its domain name for trademark infringement?

Nikon Succeeds in Combating the Trademark Infringement in Non-video Classes

How Could McDonald’s Beat Free Rider of Trademark in China?

Author: Mr. Huang Mengren

Paralegal of DeBund Law Offices

Co-author: Mr. You Yunting

Founder & Editor-in-Chief of Bridge IP Law Commentary

Partner & Attorney-at-law of Shanghai DeBund Law Offices

Email: Bridge@chinaiplawyer.com, Tel: 8621-5213-4900,

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Bridge IP Law Commentary is a website focus on the introduction of commercial laws in China, especially the intellectual property laws. All the posts here are our original works. And all news or cases referred here are from public reports, and our comments or analysis are of due diligence, neutrality and impartiality, representing our own opinions only and are our original works. You may contact us shall you have any opinions or suggestions.

 


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