You Can Buy Even iPhone Shoes in China!
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iPhone and iPad are already recognized brands in most of the planet, but thanks to a bizarre legal
loophole left by Apple in China, it is possible that in this country, the names of
the tablet and smartphone coming brands
of diapers, medicine for animals or shoes. The
warning was given by the China
Daily website on Monday (20/02).
In China, foreign companies often register their trademarks in all 45 categories listed in the State Administration for Industry and Commerce. Apple has not bothered to take such care: registered the iPhone and the iPad only 14 categories, nine.
Results: According to the site at least 39 individuals
and companies have tried to register
the names of the smartphone and
tablet company in
recent years in other products. Six
of the applicants have already
won preliminary approval in court.In China, foreign companies often register their trademarks in all 45 categories listed in the State Administration for Industry and Commerce. Apple has not bothered to take such care: registered the iPhone and the iPad only 14 categories, nine.
"Apple took exception to our claim on the
last day of three months of waiting for the record," said the portal Xu Jie,
a lawyer representing businessman
Cai Zhiyong, a maker of flashlights. Cai received
a letter from the office of
trademarks on the last Wednesday
(15/02), warning that he had one month to
gather evidence to support its
intention to register the name
iPhone. The lawyer admitted that they go forth in order to benefit from the fame machine.
A manufacturer of leather products of the East China joined in 2007 (the year when the iPhone went on sale), with an application to register a name shoes with the smartphone.
There are still 18 applications to register the name "iPhone" since 2010, when the tablet was presented by Steve Jobs to the world.
However, despite the legal loophole, Feng Xiaoqing, a researcher in the area of copyright law, said Apple may seek protection by the Chinese Trademark Law, which protects names "famous" to be used in other categories.
"Even though the iPhone has not obtained the status of 'famous brand' in China, the law may grant special protection to cases where the use of the product name in other categories can mislead and confuse consumers," said the scholar.
A manufacturer of leather products of the East China joined in 2007 (the year when the iPhone went on sale), with an application to register a name shoes with the smartphone.
There are still 18 applications to register the name "iPhone" since 2010, when the tablet was presented by Steve Jobs to the world.
However, despite the legal loophole, Feng Xiaoqing, a researcher in the area of copyright law, said Apple may seek protection by the Chinese Trademark Law, which protects names "famous" to be used in other categories.
"Even though the iPhone has not obtained the status of 'famous brand' in China, the law may grant special protection to cases where the use of the product name in other categories can mislead and confuse consumers," said the scholar.
Another
teacher, Gu Jun, who teaches sociology at the University
of Shanghai, is harder to American technology company.
"Apple is a great company, with several lawyers, and enjoys a good reputation worldwide. So she cannot just ignore the Chinese laws."
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