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iWatch or Apple Watch?Because of Trademark!

iWatch or Apple Watch?Because of Trademark! HACOS瀚客企服
2016-11-28
1
导读:Don't let someone steal your brand!Obtaining your trademark quickly!


Christmas is coming , so I'm thinking about buying myself one of those "Apple"s. However, when I went to check the official website, I found that iMac, iPhone, iPad, iPod were still there, except iWatch! So I checked again, and it turned out that "iWatch" had been changed into "Apple watch".


But Why?   

According to some knowledgeable netizens and authoritative media sources, failure to register "iWatch"  is one of the reasons why the trademark was changed into "Apple watch". 

OMG Electronics has registered "iWatch" in September, 2012, and in order to fund its production, has been raising capital on Indiegogo website from September to October, 2012.
This means that the use of  the trademark "iWatch" by Apple company may lead to lawsuits.  

What is trademark?

According to 8th Article in The Trademark Law of the People's Republic of China, any mark that can distinguish the products of a natural person, a legal person, or an organization from those of others, including written characters, patterns, letters, 3D symbols, colors, and sounds etc, and combinations of these elements, can be registered as a trademark. 

Anyway, a trademark is a brand.

All the pics below are trademarks!


Why do I have to register my trademark?

According to the 3rd Article in the Trademark Law, trademarks that have been approved by Trademark Office are registered trademarks, including product trademarks, service trademarks, collective trademarks, and certification marks.

The trademark registrant owns an exclusive right to use the trademark. And the right is protected by law.    

In other words, if a trademark is not registered, then it will not be protected by law and can be used by anyone. If a bunch of cellphones were all called "iPhone", how shall we distinguish them? 

But once it's registered, it will be exclusive. And the trademark will become a company's intangible asset, which can be exchanged for money

For example, in June, 2012, Apple company paid 60 million dollars to Proview Technology (Shenzhen) Co., Ltd., who had filed a trademark infringement suit against Apple, for the trademark "iPad".   

Besides, it's stipulated that only when a product trademark has been registered, can the product be sold in markets if that product must be registered trademarks.

For example, it's stipulated that tobacco products shall have registered trademarks.

According to the law, for cigarettes, cigars and packaged cut tobacco, trademark application is required

If the trademarks are not approved, then these products can neither be produced nor sold.

So, how to register a trademark? HACOS will tell you later.


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HACOS,Business Services Solutions Master


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