iPad loses trademark rights in mainland China against "Apple"

Yesterday, the industry’s attention “Apple” sued “Proview” and claimed the trademark of the iPad with a first-instance result: “Apple” requested the court to rule that the “iPad” trademark had exclusive ownership of the trademark and claim it from “Shenzhen Proview”. The claims for the loss of the trademark ownership fees and legal fees incurred by the company were all rejected by the municipal intermediate court in the first instance. This means that if the verdict goes into effect, then Apple will not have the trademark right of “iPad” in mainland China, and its iPad products sold in mainland China are trademark infringements.

"Apple" sued "Proview" for iPad trademark rights. The cause of the trademark dispute dates back to 2000. Since that year, Proview’s Proview Taipei has registered iPad trademarks in various countries and regions. In 2001, Proview International (Shenzhen) Co., Ltd. (hereinafter referred to as “Shenzhen Proview”) was in China. Mainland registered two categories of iPad trademarks. At that time, Apple did not launch iPad tablet computer products.

Since 2010, Apple has launched a personalized tablet iPad. When the iPad entered the Chinese mainland, a battle over ownership of the iPad's domestic trademark rights ignited in Shenzhen - "Apple" sued Shenzhen Proview. The plaintiffs of this lawsuit were "Apple" and Britain's IP Application Development Co., Ltd. (hereinafter referred to as "UK IP company"), and they requested the court to order registration number 1530557 "iPad", registration number 1682310 "iPad" trademark exclusive rights, namely iPad China’s Mainland trademark rights are at its disposal, and “Shenzhen Proview” compensates for the loss of RMB 4 million due to trademark ownership investigation fees and legal fees.

The court of first instance dismissed all of Apple's claims in the first instance. The Municipal Intermediate People's Court accepted the case on April 19, 2010, and heard the case three times on February 23, August 21, and October 18, 2011.

After the trial, the court held that the “Apple” party should have a higher degree of duty of care in obtaining trademarks from others, and should sign a trademark transfer contract with the trademark owner in accordance with China’s laws and regulations, and handle the necessary trademark transfer procedures. In this case, the trademark transfer contract was concluded between another plaintiff British IP company and Proview Electronics Co., Ltd. (Taipei Proview Corporation), and between Shenzhen Proview and Shenzhen Proview, the “exhibit agency” (“see agency” means the actor. Although there is no right of proxy, because of his own actions, he has created a representation that is sufficient for a good-natured third party to believe that he has the right to act as an agent, and an act of agency with a third party who acts in good faith and bears legal consequences for himself is not established. Therefore, the "Apple" party's lawsuit request lacks factual and legal basis and should be rejected. The court made a first-instance judgment: it rejected all of Apple's claims and the case acceptance fee of RMB 45,600 was paid by the “Apple” party.

At present, the reporter has not received official news of Apple's appeal in this case.