Apple Loses Exclusive Use of the iPhone Brand In China
For all the ostensible disdain business people often express about lawyers in the developed world, this case is a reminder of the benefits that the rule of law confers. JL
Andrew Griffin reports in The Independent and Bryan Clark reports in TNW:
The American company failed to prove the name was a ‘famous brand’, and so a Chinese firm can keep selling (leather) phone cases with iphone on them. China remains a lucrative market for US companies, but it’s certainly not without its frustrations. A Beijing court said Apple wasn’t able to prove that iPhone was a “famous brand” in China, before the local company applied for a trademark in 2007, the year the phone was released. That means that the ownership of the name is still with the local Xintong Tiandi Technology company.
The decision came in late April and means that the Chinese company can keep using the name on mobile phone cases, wallets, handbags and other leather goods.The decision could come as another knock to Apple’s business in China, which is the company's second biggest market and where it hopes to gain much of its future growth from. The company has had other problems in the Chinese market, with a drop in the growth of iPhone sales and disruption to some of its services.
Apple first applied to trademark iPhone for computers and software in 2002. Xintong Tiandi applied to use the name a month before Apple’s phones went on sale in China in 2009 – but two years after the iPhone was largely available across the world.
Apple’s lawsuit was filed in 2012, and challenged the Chinese company’s use of the name on a range of leather products.
Apple and Xintong Tiandi, a Chinese company that makes leather goods, have been fighting in Chinese courts since 2012 over the latter’s use of a brand name Apple feels it owns: ‘iPhone.’
While it seems like a no-brainer to allow Apple sole exclusive rights to a product that it made famous throughout the world, it wasn’t actually the first to trademark the name — technically speaking.
So. Much. Tech.
Although Apple filed for the trademark in 2002, it wasn’t officially approved until 2013 under ‘Class 9: Electrical and Scientific Apparatus.’
In 2007, Xintong Tiandi applied for the same trademark under ‘Class 18: Leather Goods;’ the trademark was approved in 2010. While Apple filed first, Xintong Tiandi was actually the first to own the trademark, albeit in a rather convoluted way. Because of this, Chinese courts (and the local patent authority) have refused to strip the trademark.
After losing its original claim to the trademark authority in China — and then in a lower court in Beijing — the final nail in Apple’s coffin came on March 31 as the Beijing Municipal High People’s Court rejected Apple’s appeal (Chinese link) and ruled that Xintong Tiandi could continue to use the name iPhone on its products.
Xintong Tiandi seemed pleased with the verdict in a message on its website (Chinese link). Quartz translates:
Xintong Tiandi wrote on its website (link in Chinese) that the court’s decision is a reflection of a “free market.” “We will also make full achievement of the ‘iPhone’ trademark, and work together [with Apple] to benefit more iPhone consumers.”
China remains a lucrative market for US companies, but it’s certainly not without its frustrations.
This is a significant development for Apple! Losing exclusive use of the iPhone brand in China could have far-reaching implications for the company, especially in such a crucial market. It’ll be interesting to see how Apple adapts its branding strategy and what impact this decision will have on its sales and customer loyalty in the region. I’m curious about how this might affect their overall market presence and competition with local brands. Thanks for sharing this update—it's certainly a topic to keep an eye on! virginia uncontested divorce how to file uncontested divorce in virginia
Apple recently faced a significant setback in China as it lost the exclusive rights to the "iPhone" trademark in the region. A Chinese court ruled that a local company could continue using the "iPhone" name for its leather products, chester county sex crimes defense lawyer highlighting the complex landscape of trademark law in China. This decision underscores the challenges foreign companies face in protecting their intellectual property in competitive international markets. With this ruling, Apple’s brand image could be impacted in one of its most lucrative markets, raising questions about trademark protection and brand exclusivity in global commerce.
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Apple lost exclusive rights to use the "iPhone" moniker in China to Beijing-based Xintong Tiandi Technology. Apple registered the phrase for leather goods in 2007 and did not complete its trademark registration until 2013. The court ruled that using the name would not mislead customers or damage Apple's reputation.It’s crucial to ensure compliance with applicable laws to avoid potential liabilities.motorcycle accident attorney near me"
As a Partner and Co-Founder of Predictiv and PredictivAsia, Jon specializes in management performance and organizational effectiveness for both domestic and international clients. He is an editor and author whose works include Invisible Advantage: How Intangilbles are Driving Business Performance. Learn more...
6 comments:
This is a significant development for Apple! Losing exclusive use of the iPhone brand in China could have far-reaching implications for the company, especially in such a crucial market. It’ll be interesting to see how Apple adapts its branding strategy and what impact this decision will have on its sales and customer loyalty in the region. I’m curious about how this might affect their overall market presence and competition with local brands. Thanks for sharing this update—it's certainly a topic to keep an eye on!
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how to file uncontested divorce in virginia
Apple recently faced a significant setback in China as it lost the exclusive rights to the "iPhone" trademark in the region. A Chinese court ruled that a local company could continue using the "iPhone" name for its leather products, chester county sex crimes defense lawyer highlighting the complex landscape of trademark law in China. This decision underscores the challenges foreign companies face in protecting their intellectual property in competitive international markets. With this ruling, Apple’s brand image could be impacted in one of its most lucrative markets, raising questions about trademark protection and brand exclusivity in global commerce.
Fascinating update on the iPhone trademark dispute! It's interesting to see how this ruling may impact Apple's branding strategy. Want to know about rockbridge reckless driving click it.
Apple was allowed to use the "iPhone" name for its products in China due to the country's "first-to-file" trademark system, which favors local applications over international ones. lawyers near me for bankruptcy Clients value responsiveness, which involves timely communication and support, which helps alleviate stress and fosters trust, making them feel more at ease during challenging times.
Apple loses exclusive rights to the "iPhone" trademark in China due to a court decision with Xintong Tiandi, a Chinese business that trademarked the name for leather items. how to file for divorce in virginia Uncontested divorce may be filed without a hearing, but contentious divorces require a court hearing, where the judge issues a Final Decree of Divorce.
Apple lost exclusive rights to use the "iPhone" moniker in China to Beijing-based Xintong Tiandi Technology. Apple registered the phrase for leather goods in 2007 and did not complete its trademark registration until 2013. The court ruled that using the name would not mislead customers or damage Apple's reputation.It’s crucial to ensure compliance with applicable laws to avoid potential liabilities.motorcycle accident attorney near me"
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