After losing the lawsuit in the trademark transfer dispute against Proview in the 1^st instance, Apple will attend the hearing of the 2^nd instance on 29^th, Feburary, 2012. However, just before the hearing, on the complaint of Proview, the administration of Industry & Commerce has started the investigation on trademark dispute, and on 13^th February, the administration in Shijiiazhuang City detained 41 iPad devices and ordered for stop iPad’s sales.(the link is in Chinese)

On the issue, Mr. You Yunting, the founder of our website was interviewed by medias, which details are as follows:

1. Shijiazhuang is interior medium-sized city in China, though the detainment is happened in the city, no same administrative punishment is carried out in the large cities like Beijing (the city where Apple’s Chinese branch company is located), Guangdong (the province where Proview is located) and Shanghai, though Proview has made the same report in the cities. However, the administrative investigation on the issue has already been put on the desk in major cities, and we estimate that local Industry & Commerce departments are waiting for the decision of the 2^nd instance in Guangdong Higher People’s Court, which could be the basis of the future enforcement.

2. There have only been detained part devices in Shijiazhuang City, and no official punishment has been decided by the administration, for who is still investigating the case.

3. The intention of Proview may not be the right protection, but the game with Apple for a dominant position in the iPad trademark dispute as well as a high transfer price for the mark.

Our related posts:

1. No “iPad” Chinese trademark right for Apple after payment in the transaction, and our analysis——the Key points to the trademark transaction under the frame of China laws
2. According to China Court’s First Instance Judgement, Apple Loses the iPad Trademark
3. How to apply for the trademark registration in China?
4. How to apply for the trademark record in China custom?
5. How to improve the success rate of trademark registration in China?
6. How to handle the trademark refusal?
7. How to renew the trademark in China?

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