Apple trademark infringement case loses future iPad or renamed sales

Apple v. Crown iPad trademark infringement case has a first trial results: Shenzhen Intermediate People's Court rejected the Apple company’s claim for exclusive ownership of the “iPad” trademark in Mainland China, and filed a claim against “Shenzhen Proview” for trademark ownership. Fees and legal fees suffered a loss of 4 million yuan. This means that if Apple does not appeal, or if the court still holds the original verdict after the appeal, it will be illegal for Apple to continue using the iPad as the product name in the Mainland.

Mainland registration information shows that Shenzhen Proview had an iPad registered trademark in 2000

It is reported that as early as 2000, Proview’s Proview Taipei Company registered iPad trademarks in various countries and regions. In 2001, Proview International’s Proview Technology (Shenzhen) Company registered two iPad trademarks in Mainland China. Kinds of categories. At that time, Apple did not launch iPad tablet computer products.

In 2006, when Apple planned to launch the iPad, it discovered that the iPad trademark rights belonged to the Proview company and thus sued Proview in the UK on the ground of revoking unused trademarks, but eventually lost the case. In 2009, Apple and Proview reached an agreement and Proview Taipei transferred the iPad global trademark to Apple at a price of 35,000 pounds. However, Proview said that the iPad’s trademark rights in Mainland China are not included in the above 35,000 pounds package transfer agreement. In mainland China, the iPad’s trademark belongs to Shenzhen Proview, and Proview Taipei does not have the right to sell it. Apple filed a lawsuit with the Shenzhen District Court in China, demanding that the iPad’s trademark rights in mainland China be at its disposal, and claiming Shenzhen Weiguan for trademark ownership investigation fees and attorney’s fees totaling RMB 4 million.

iPad Tablet PC Triggering Competition between Apple and Shenzhen Proview Trademarks

With the Shenzhen Intermediate People's Court rejecting all of Apple's lawsuit requests at the first instance, Apple currently has three options to continue appeals, rename iPad tablet computers in mainland China, or purchase “iPad” mainland registered trademarks from Shenzhen Weiguan. At present, even if Apple has a world-class team of lawyers, Apple is unlikely to win the second instance. Shenzhen courts tend to believe that Apple companies must take a higher level of care and should follow Our country’s laws stipulate that a trademark owner shall enter into a trademark transfer contract and go through the necessary trademark transfer formalities.