Appeal Apple iPad trademark infringement Apple or face astronomical ticket

According to the Beijing Evening News, Apple iPad computers that sold in full swing in the Chinese market may face high fines for trademark infringement. The reporter confirmed yesterday from the relevant channels that the Beijing Xicheng Commerce and Industry Branch had initiated the filing of an Apple Computer trademark infringement and is currently under investigation. If Apple's infringement facts are established, it will be possible to obtain a "high price" ticket.

In the "fruit powder" eyes, the iPad is Apple's product. How can a trademark become someone else? According to reports, before Apple introduced the iPad in 2010, it did not use the iPad logo. Founded in 1995, Shenzhen Proview Co., Ltd. obtained the exclusive right to use "iPad" as a registered trademark in 2001. From 2001 to 2004, Taiwan Proview's parent company, Taiwan Proview, obtained eight exclusive rights to use the “iPad” registered trademark. However, Apple did not want to change the name of the iPad, so a company whose English name was IP Application Development Limited (abbreviation: iPadL, abbreviated as IP below) was incorporated on August 11, 2009 in London, England. In 2009, IP company and Taiwan Proview signed an agreement to transfer the trademark to IP company.

In 2010, IP company and Apple signed an agreement to transfer all the “iPad” trademark-related rights they obtained. At the same time, Apple and IP companies applied to the China Trademark Office for the transfer of mainland iPad trademarks, which was rejected by the China Trademark Office. However, under the condition that the ownership of iPad trademark has not been transferred according to Chinese laws, Apple has used the “iPad” trademark on its tablet computer products and sold the above products to markets including mainland China.

In April 2010, Shenzhen Proview was informed that after Apple Computer sold the Tablet PC tagged with the "iPad" brand, it filed a request to Apple Inc. as the true owner of the trademark in question and requested Apple to stop the infringement and compensate for the loss. However, Apple Corps ignored it and continued to sell iPad-branded products in the Chinese market. In June 2010, Apple Inc. and IP Corp. filed a lawsuit with the Shenzhen Intermediate People's Court, arguing that Apple Inc. had acquired the exclusive right to use the trademark in question and requested confirmation that it was the exclusive right holder of the trademark in question. At the end of 2011, the verdict was rejected by Apple. Apple dissatisfied and appealed to the Guangdong Higher Court. The case is still pending.

It is said that the focus of the dispute between the two is only one: that is, whether Shenzhen Proview sold the iPad trademark to Apple in the end. According to Shenzhen Proview, the trademark was never sold; Apple, on the other hand, believes that since Taiwan's Proview (HQ) sells iPad's global trademark rights, the iPad's Chinese trademark is naturally included.

To the surprise of Apple, the failure of the trial in the first instance triggered the attention of the industry and commerce departments throughout the country. Because if the iPad trademark infringement is established, the industrial and commercial department has the right to investigate and punish.

The reporter learned from relevant sources that Proview filed a complaint with Xicheng Industrial and Commercial Bureau in early 2011. It is said that it is because Xicheng Joy City Apple Store is one of Apple's five direct sales points in China. Xicheng Industry and Commerce has already accepted and accepted the case. Since the punishment for trademark infringement cases is calculated on the basis of the illegal business turnover, it has been reported that the Xicheng Commerce and Industry Branch determined a fine of 240 million yuan because Apple objected and the ticket was temporarily suppressed. It is understood that although the fine has not been finalized, the punishment faced by Apple should not be a small number.

Moreover, after Apple's Shenzhen case lost the first trial, the local industry and commerce bureaus began to contact Proview, hoping that Proview would provide proof of iPad trademark infringement to penalize Apple for infringement.