Re: Race to China¡¯s 3G Mobile Market, Trademark Dispute Gives iPhone Competitors a Leg Up

Despite the misconception that China does not have effective IP laws or that the laws are not adequately enforced, the first to file rule for registration has shown otherwise for Apple¡¯s iPhone. I was surprised to learn that despite having registered their computer software and hardware¡ªApple failed to register their mobile phone trademark. Taiwanese manufacturer Hanwag registered the iPhone trademark forcing iPhone to either use another name or negotiate to gain entry into the market. However, this sort of enforcement seems to be formalistic and a bit removed from the reality and purpose preventing intellectual property appropriation: adhering to the letter of the law in this case seems to be a difference without distinction. And regardless of my personal sentiment¡¯s about iPhone, if it does not qualify for the Well-Known Trademark exception for the first to file rule, what would?

Senayt



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