Blocking Tactics Like Trademark Preemption
Defending Against Unauthorized Brand Image Exploitation
In the Chinese market, where trademark infringement disputes frequently occur, Apple is taking action to protect its fruit names and logo.
It has been reported that Apple recently filed a trademark application for 'Pineapple' in China. [Photo by GizmoChina capture]
On the 3rd, Chinese IT media Gizmo China reported, citing Chinese corporate information platform Tianyancha, that Apple recently applied for the trademark "Pineapple" in China.
The scope of this trademark covers scientific instruments, advertising sales, building repairs, and more, and it is currently undergoing the trademark registration process.
This is interpreted as Apple's determination to fundamentally block numerous attempts by Chinese companies to unlawfully ride on Apple's brand image in the Chinese market. Apple has already suffered headaches from multiple trademark disputes in China.
Chinese companies have aggressively applied for trademarks related to Apple for over a decade and have also released products with similar names. In particular, Chinese leather goods manufacturer Xintong Tiandi registered the "IPHONE" trademark for 18 leather products with the China National Trademark Office in 2007. Apple filed a lawsuit against Xintong Tiandi over the iPhone trademark but lost the case.
Chinese companies have applied for Apple-related trademarks on items ranging from shoes and bags to diapers and concrete.
The "trademark preemption tricks" of Chinese companies have also been a persistent problem.
Before Apple launches new products in the Chinese market, Chinese companies preemptively secure trademarks and resell them for profit.
Generally, global companies secure trademarks across all industries in China when registering their trademarks to prevent such infringements in advance.
However, Apple previously applied for trademarks in only some industrial sectors in China. Chinese companies exploited this loophole. After Apple's iPad gained popularity, at least 18 Chinese companies applied for the iPad trademark since 2010.
Ultimately, in 2012, Apple paid $60 million (approximately 79 billion KRW) in a lawsuit filed by Shenzhen Proview Technology, which held the iPad trademark in China.
Apple's logo and the logo of the 'Swiss Fruit Union (FUS)', which it claimed to be similar and filed a lawsuit against, as well as the logo of the American bottled water company 'Juzet'. In addition, lawsuits were filed against Germany's private cafe 'Appelkint', Australia's supermarket chain 'Woolworths', and China's food company 'Sichuanfangguo Foods'. [Photo source=Captured from each company's homepage]
Perhaps because of this, Apple is fiercely defending its trademarks worldwide. It has raised issues regarding fruit logos and company names such as apple, pear, and pineapple. Apple has filed all kinds of trademark lawsuits against startups, supermarkets, campaigns, and various companies, organizations, and individuals without discrimination.
According to the nonprofit organization Tech Transparency Project, from 2019 to 2021, Apple filed 215 trademark opposition cases against other organizations. In comparison, Google, Amazon, Facebook (Meta), and Microsoft (MS) filed 135 cases, making Apple's number about 1.5 times higher.
In June, Apple demanded intellectual property rights from the Swiss Fruit Union (FUS), which has a 111-year history, to strengthen ownership of the apple logo. FUS's logo features a red apple with a white Swiss flag on the upper right part. Apple requested a change, claiming that FUS's logo is similar to its brand logo, the "bitten apple" image.
Apple also had a dispute with the American bottled water brand "Georgette." In April 2021, Apple submitted an opposition statement to the U.S. Trademark Trial and Appeal Board, arguing that Georgette's logo was similar to its own. Apple stated in the document, "The logo is visually similar to our logo. There is concern about consumer confusion and potential brand image damage if used for fraud or other purposes."
According to the World Intellectual Property Organization, Apple has made similar requests to dozens of intellectual property authorities worldwide, and some countries, including Japan, Israel, and Armenia, have accepted them.
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