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Apple loses trademark case over ‘’iPhone’’ name in China

05.05.2016

Apple loses trademark case over ‘’iPhone’’ name in China

In a recent case the Beijing Municipal High People's Court ruled in favor of the Chinese company ‘’Xintong Tiandi’’ that it had the right to use the name ‘’IPHONE’’ for its leather products in China (including purses, passport cases as well as phone cases). The decision rejected an appeal from Apple of an earlier ruling.

The ’Xintong Tiandi’’ company registered its trademark in China in 2007, the same year as the Apple iPhone launched in the United States. That was, however, still five years after Apple registered the iPhone name in China for computer products, something which formed the basis of a 2012 complaint to the country's trademark authorities.

In 2013 the government ruled that because Apple couldn't prove the name "IPHONE" was well-known prior to Xintong Tiandi's registration, the public wouldn't link its use in a way that would harm Apple interests. In rejecting Apple's appeal, the High People's Court further noted that the company didn't sell the iPhone in mainland China until 2009.

This ruling follows a case where Apple first brought a claim against the company to the Chinese trademark authority in 2012 and then when that failed it filed a lawsuit in a lower Beijing court.

Source: http://appleinsider.com/articles/16/05/03/apple-loses-exclusive-rights-to-iphone-trademark-for-non-smartphone-products-in-china


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