WELL-KNOWN STATUS OF TRADEMARK IS SO SIGNIFICANT! iPhone and China

Well-known trademarks have a broad protection. The holders of these trademarks can act against unfair use of their trademarks, even if used for other products. However, the titleholder has to prove that the trademark was well-known at the moment that a third party applied for an identical or similar trademark. Apple experienced this first hand in China. In 2002, Apple applies for the trademark iPhone in China. At the launch of the trademark in 2007, the trademark iPhone was also applied for by a Chinese company for leather handbags and phone boxes.
In 2012 Apple initiated a procedure against this trademark application before the Chines Trademark Authorities. Their request was denied and this decision has been confirmed by the Chines Court and subsequently the Chinese Higher Court. Xintong Tjandi Technology may use their brand, because Apple was not able to prove that the trademark iPhone was a well-known trademark in 2007 (Apple initiated sales in China in 2009).