Apple and iPhone

The Inquirer ran a little story yesterday about how Apple Computer is running into a bit of difficulty trying to get the Canadian trade-mark for IPHONE.

The Inquirer notes that Apple’s trade-mark application has been opposed by Comwave which has apparently used the mark for about two-and-half years already in Canada (in relation to local and long distance telephone services, voice over internet protocol telephone services). Apple’s IPHONE application is based on proposed use, although not in relation to telephone and VOIP services per se. Instead Apple’s application is for wares (goods) such as electronic devices for sending and receiving telephone calls, videophones and the like.

See also Comwave’s own application for IPHONE filed subsequently and currently on hold (likely pending the outcome of the Opposition).

The article also describes CIPO (our Canadian Intellectual Property Office) as “kind of like military intelligence but more evil”. Now, although that made me laugh initially, I’ve actually got nothing but good things to say about those folks at CIPO. Yeah, the Examiner’s often object to my initial filings, but that’s their job. A well though out response, and perhaps some claim amendments, will usually convince the Examiner to let the application proceed on. Likewise the Formalities staff and Reproductions staff at CIPO are nothing but helpful. Actually, compared to some other IP Offices, CIPO is pretty darn good.

Anyway, I’ll be interested to see how that Opposition turns out and how the board decides.

Hat tip to Rob Hyndman.

Comments are closed.