Jenkins is our IP Agent in UK
When Steve Jobs, the co-founder of Apple Computers , announced the launch of the company's IPHONE multifunctional mobile device in January , the word had hardly left his mouth , before Cisco Technology sued for trade mark infringement. Cisco owns long-standing US Trade mark rights in the mark, the validity of which have now been called into question.
Todate , this trade mark clash has been confined to the US . What would be the position , however, if it spills over into Europe ? In a word, complicated. Let us look at the position on the CTm register, for example . In chronological oeder , we have the following rights for IPHONE marks in Class 9 :
1. CTM registration No. 796268 for IPHONE owned by Cisco Technology. This registration is dated 14 April 1998 and was granted about a year later. On 18 December 2006, a firm of German lawyers , CMS Hasche Sigle , filed a revocation action against this registration. Coincidentally - or perhaps not- this appears to have been the precise date that Cisco launched an IPHONE product (according toreports on the internet) . One wonders whether the power behind the CMS throne will eventually be revealed.
2. CTM application No. 2901007 for IPHONE owned by Apple Computer. This application is dated 21 October 2002 and is the subject of three oppositions filed by a Spanish telecoms company , Sociedad Promotora de las telecomunicaciones en Asturias (SPTA) , who own Telecable, a japanese phone company. Aiphone Co, and two individulas, M.J Funke and D Bonk. SPTA 's opposition is based on an earlier Spanish trade mark right for IPHONO , Aiphone's opposition is based on an earlier Irish trade mark registration for AIPHONE, whilst the third opposition is based on an earlier CTM registration for TYPHOON.
Interestingly , Apple's CTM application was only allowed to proceed following a successful appeal (R149/2005-2) brought against the Examiner's objections and decided in October 2005.
3. CTM application No. 3948098 for AL-PI IPHONE (stylised) owned by Catalana De telecomunicacions Societat Operadora De Xarves. This application is dated 20 July 2004 , but not by either Cisco or Apple, even though it covers highly relevant goods and services.
4. German trade mark application No. 30409862 for FREENET IPHONE owned by freenet.de
5. Hungarian trade mark application No.M024701 for IPHONE owned by Apple Computer
6. International Trade Mark application No. 77007808 for IPHONE in the of the mysterious Ocean Telecom Services. The international right designates 34 countries , and
7. Opposed UK trade mark applicayion No. 23800997 for IPHONE owned by ICX Europe . This application has been opposed by Aiphone Co.
* Pendaftaran Jenama perlukan strategi . "Advertisement and Vast Promotion" adalah sia-sia kalau Jenama kita tidak berdaftar !
2. CTM application No. 2901007 for IPHONE owned by Apple Computer. This application is dated 21 October 2002 and is the subject of three oppositions filed by a Spanish telecoms company , Sociedad Promotora de las telecomunicaciones en Asturias (SPTA) , who own Telecable, a japanese phone company. Aiphone Co, and two individulas, M.J Funke and D Bonk. SPTA 's opposition is based on an earlier Spanish trade mark right for IPHONO , Aiphone's opposition is based on an earlier Irish trade mark registration for AIPHONE, whilst the third opposition is based on an earlier CTM registration for TYPHOON.
Interestingly , Apple's CTM application was only allowed to proceed following a successful appeal (R149/2005-2) brought against the Examiner's objections and decided in October 2005.
3. CTM application No. 3948098 for AL-PI IPHONE (stylised) owned by Catalana De telecomunicacions Societat Operadora De Xarves. This application is dated 20 July 2004 , but not by either Cisco or Apple, even though it covers highly relevant goods and services.
4. German trade mark application No. 30409862 for FREENET IPHONE owned by freenet.de
5. Hungarian trade mark application No.M024701 for IPHONE owned by Apple Computer
6. International Trade Mark application No. 77007808 for IPHONE in the of the mysterious Ocean Telecom Services. The international right designates 34 countries , and
7. Opposed UK trade mark applicayion No. 23800997 for IPHONE owned by ICX Europe . This application has been opposed by Aiphone Co.
As one can see , there is much to resolve before a winner or winners emerges with the trade mark rights to IPHONE. One assumes , however, that , given Apple Computer's commitment to the mark, they will eventually obtain the necessary rights, even if it involves generous payment to other , either of money or of access to technology.
* Pendaftaran Jenama perlukan strategi . "Advertisement and Vast Promotion" adalah sia-sia kalau Jenama kita tidak berdaftar !
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