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Apr 10, 2012

Apple the EPAD mentioned objection or pressure Proview: trapped rights wheel war

Apple Proview iPad trademark case in China is not finished, the new trademark dispute again.Recently, a computer accessories bags foundry Yubao Wei Technology Development Company (hereinafter referred to as the "Yu Baowei industry) claims that have recently received the State Administration for Industry and Commerce Trademark Office Trademark Opposition notice of defense. The reason is that Apple is a trademark owned by industry Yubao Wei EPAD the trademark dispute, the notice requirements of its statement of defense within thirty days of receipt of the notice of objection to.This is not Apple's first of its similar mark of its products to challenge. Not long ago, there was Wenzhou, Zhejiang businessmen registered iphone lamps, Apple also made a similar trademark opposition.Pressure to Proview?Public information, Yubao Wei industry applied for a the EPAD trademark, August 27, 2010, the State Trademark Administration passed a first reading on June 13, 2011 and announced. 3 month notice period will end when Apple has raised objections to the Trademark Office.Apple agent IntellecPro Intellectual Property Agency Co., Ltd. in the objection application EPAD with iPad trademark is not only a similar pronunciation and similar image, Yu Baowei industry registered in knowing that the iPad trademark well-known case of intentional damage Apple legal prior rights and interests, and disrupted the market order. Apple dismissed the opposed trademark application for registration of EPAD in all the designated goods of 18 categories.Yesterday, Yu Baowei industry, who declined to name the person in charge told reporters, The Yu Baowei industry is very frustrated, and even think that Apple is a bit "bully". "Yu Baowei industry-related E-Series products have been produced and put into the market for a long time, EBOX and EPAD trademarks are registered in order to protect their legitimate interests, the company is to do business better, do not know why Apple will get into these people, told reporters.Yu Baowei industry argument, the State Law Firm Yunting told reporters that, since the EPAD has passed the preliminary examination and announcement, said before the Trademark Office that did not have the same "EPAD trademarks or constitute similar trademarks registered prior Therefore, he personally believed that Yu Baowei industry "EPAD trademarks not a big risk.IT legal expert Zhao occupation to the reporter analysis, the Apple approach is likely to be a for Proview strategy, caused by the illusion of a "I do not necessarily have to iPad trademark can not be" to the Proview. Even if Apple really got the pronunciation is similar to the "EPAD trademarks do not necessarily use such a confusing name, may be just in order to counter Proview" Lion's Mouth "behavior.Experts: Register Pad trademark of little significanceIn fact, if the second instance losing Apple would like to retain the identity of the "Pad", has been difficult to choose a prefix in the 26 letters. The reporter from the query results display, Pad-related trademarks are mostly registered on the official website of the State Administration for Industry and Trademark Office.According to incomplete statistics of the reporters, all kinds of registered the Pad trademark range of services from a variety of bags to computers, televisions, navigation systems, etc.. For example, the official website of the Trademark Office to FPAD BYD Co., Ltd. in June 2010 on the application the FPAD trademark range of services including dozens of motorcycles, bicycles, tires, laptop computers, cameras, washing machines, soybean milk .Thick Desheng Yan, president of Investment Consulting Co., Ltd., the status of Jie view, the emergence of a large area the registered Pad trademark of the fact of the matter is normal, but this should belong to the squatting simply is hope "Pong on Apple This wealthy ".Behind a lot of individuals or businesses want to profit from squatting, or expect to develop their own products with the Apple brand, but in fact is not really meaningful in addition to short-term interest, but does not prevent Apple market development. "condition Jie told reporters.Yunting, from various Pad trademark was registered by the situation, indicating that the Trademark Office does not think the letter pad "trademark constitute approximate each other. Furthermore, the pad has a universal meaning of the "Tablet PC" such trademarks play a major role of identification is the prefix, so I personally think that as long as the prefix is ​​different, these trademarks do not constitute approximate.However, the criteria are established to belong to the iPad trademark Proview, and the iPad is made on the basis of ordinary trademark. IPad trademark is really apples to get, was identified as the well-known trademarks should not be a problem. Yunting said, "Trademark Law" is well-known trademark protection efforts constitute the approximate range will be a corresponding increase of these trademarks will it is possible to the Trademark Office identified as the "iPad" approximation, the Trademark Office will take the initiative to dismiss the trademark applications.Moreover, for P ad "trademark application is now no legal basis, Apple to challenge at least be able to delay the trademark license about a year. Moreover, the costs of trademark opposition filed is not high, and specialized trade mark agent or lawyer to act on behalf of and for the deep pockets of Apple, even if the play wheel war is not a problem.

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