iPad 3 cleared for sale in China, despite trademark dispute

iPad 3 cleared for sale in China, despite trademark dispute

Summary: Apple's Wi-Fi iPad 3 model has passed certification in China, and is clear for sale, despite the ongoing trademark dispute between Apple and Proview.

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The China Quality Certification Center has approved the Wi-Fi iPad 3 for sale in China, and it could go on sale as soon as next month.

The device was granted its compulsory certification, which must be given to any product going on sale in China.

There is no determined release date for the new iPad yet, although there have been reports of large numbers of the tablet being smuggled into the country from the U.S. and Hong Kong.

Despite the iPad clearing certification, Apple is still involved in a trademark dispute with Proview in China.

Proview, who originally registered the 'IPAD' trademark in China, won a case against Apple in 2010. The Shenzen court sided with the Chinese company over the ownership of the trademark, but Apple have since appealed the decision.

The final verdict for the Shenzen case is still pending, but if the court decides in Apple's favour then several other legal actions against them could be turned around.

At present, sales of iPad tablets have been affected by the case, with Proview requesting local authorities seize tablets from shelves, and calling for the suspension of sales. If the dispute remains unresolved, or the court sides with Proview once again, it could undermine the launch of the new iPad.

Further approvals will need to be made for the 4G capable model of the new iPad to go on sale.

Apple's chief executive Tim Cook has been spotted in China, and has been speaking to government officials, according to an Apple spokesperson.

Although the details are still not clear as to exactly who Cook has been meeting with, and what those meetings pertain to, many have suggested that Apple is looking to open more dedicated stores in China.

"China is very important to us," said the spokeswoman, "and we look forward to even greater investment and growth there."

Image credit: Flickr.

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Topics: Mobility, iPad, Networking, China, Wi-Fi

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6 comments
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  • iPad 3

    Looks like the iPad 3 and iBackFlip are both available in china now! Woo! Hoo!
    wizardcomrc
  • Quite strange title; disputes have nothing to do with clearance until court

    ... has decision.
    DDERSSS
  • Does a Proview IPAD even exist in China?

    Is Proview even selling their own IPAD in China right now? Did they even register a Chinese-language trademark for their IPAD??

    What revenue losses are they claiming in court???

    When registering my music compositions, the first thing my mentor told me is, "If you find someone else selling your tune under his/her name, DON'T call your lawyer right away. WAIT till a year's worth of sales have been made by the copyright infringer, THEN sue."

    If Proview's sueing Apple before sales begin, then there's something else going on here that no one's talking about yet.
    tlei123
  • Call it cPad!

    Here's a marketing idea to turn this trademark problem into an advantage...

    Name the Apple iPad "cPad" for China only. Apple can legally advertise it as "Made just for China!" because it is, thanks to ProView! They CAN'T sue Apple for making the same thing for other countries, 'cuz those would be iPads! :D

    What's even better, make cPad stickers to put over the iPad tm, that makes it legal in China. No re-manufacturing costs, just re-packaging. :D

    It's the Apple BRAND that's important to me, not what it calls its products.
    tlei123
  • Nothing to do with the iPad Trademark Lawsuit!

    It's apparent that the Quality Control leg of the Government has nothing to do with Trademark disputes. So this is not the Government giving it's approval and if (as they are expected to) Proview wins this Final Appeal against Proview, there can be no further appeals.

    You only need to go to the Chinese Trademark Office even now and look up IPAD ownership and it is NOT Apple. Apple may been taken by a ruse by the Taiwan Office. But until the Registration is legally changed, Proview is still seen as owning it. It's then Apple that will have to compensate Proview, if they choose to sell them in violation of Proview's Trademark Registration Rights.

    Of course we know the Chinese are easily bribed by companies like Apple. Even if it's against their own Creditor Bank Owned Debts (PRC owned Proview assets), Chinese citizen owned companies, or even court ordered. They'll simply choose to continue to look the other way!

    That's what happens when large Corporations get too big for their britches and demand that all other entities big and small pay homage to them!

    Apple used despicable practices in illegally obtaining these rights in the first place. Apple Owned IPADL lied and deceived Proview into selling them the rights in the first place. So the deal did not close properly with the rights being turned over to Apple. These Corporate scams are just as illegal as any other scam. But when it's a big high rolling company, there is usually no way the smaller company being exploited has a way financially to challenge them.

    Laws to protect the exploited party were originally enacted back after the Stock Market Crash of 1929. When Carpet Beggars were disparaging property owners by Exploiting the true value of their property, giving them peanuts for property with a much higher value. Congress finally stepped in too late to fix the problem for them. But those laws still exist today and deceptive or downright thievery is no longer tolerated by our legal system and property transfers.

    This is why Proview has been allowed to legally sue Apple here in this country to possibly null void the entire Trademark deal and give the rights back to Proview. Our own courts do not tolerate the bringing of wrongful lawsuits. There has to be a valid rule of law violation and there is here!!!
    KronJohn
  • China PRC Delayed LTE TDD Rollout by 2 to 3 Years!

    China is not expected have 4g LTE in place until the government starts issuing licenses and that isn't expected for a few years. Leaving Clearwire once again with format dedicated only to China in limbo until then!

    Meaning NO 4G LTE iPads until then. At least in the Mainland. Hong Kong is not governed by the PRC rules though until 2042!

    http://www.intomobile.com/2012/03/12/china-delays-4g-lte-3-years-going-impact-sprint-and-clearwire/
    KronJohn