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People's Daily Online>>China Business

Unending trademark war between Apple and Proview (2)

(Beijing Daily)

16:32, February 24, 2012

The iPad trademark filed by Proview Technology Inc. was approved for registration on June 21, 2001 with approved use on goods including computers. At that time the Apple iPad product had not been produced yet.

According to industry sources, Apple has hired King & Wood, a leading Chinese law firm specializing in intellectual property litigation. In the lawyer’s letter sent to Shenzhen Proview, King & Wood has repeatedly stressed Shenzhen Proview’s participation in the iPad trademark transfer from beginning to end. However, the court said it could not support Proview's application because no ruling has been made on whether Apple has violated Proview's exclusive right to use the iPad trademark.

At the heart of the dispute is the sale of the trademark by Proview's Taiwan affiliate to an Apple subsidiary in 2009. In evidence, Proview presented its iPad - Internet Personal Access Device - to show it was the first to register the trademark and produce a product.

Apple's use of the iPad name has also made it hard for the Chinese company to sell the trademark, such as to Chinese phone makers and PC maker, which means Proview may be unable to repay its bank debts.

However, Hu Jinnan, Apple's attorney, countered that Proview has not marketed or sold its iPad for years, thus potentially invalidating its claim to the trademark.

【1】 【2】

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