Beijing No.1 Intermediate People's Court recently entered the first-instance judgment over the dispute between Apple Inc.  and Apple (China) Company, a domestic clothes maker, affirming the registration of defendant's trademarks in cell phone, telephone and other eight products.

The plaintiff is Apple Inc., one of the world's largest companies in terms of market value. As the Chinese Apple company filed a trademark Apple and relevant figure on Class 9 goods, commodities of cell phone, PC and other eleven goods in September 2000, the U.S. Apple then challenged the trademark in October 2001, and held that the trademark in question used in PC goods constituted similarity.

During reexamination, the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) held that the trademark in question is not similar with the U.S. Apple in graphic design, and the plaintiff has enjoyed reputation in PC and other goods. So TRAB denied the registration of Chinese Apple trademark used on PC, PC software and copy machine, while the registration on cell phone, telephone and other eight goods is approved.

The disgruntled U.S. Apple company then filed a case to Beijing No.1 Intermediate People's Court. After hearing, the court rejected the appeal and sustained the original judgment.

(China IP News)