iPhone Trade Mark War Hots Up

The battle over the iPhone trade mark appears to be warming up. Whereas Cisco and Apple appeared to be negotiating before Apple launched its product this week, Cisco announced on its website on 10 January 2007 that it was suing Apple in California for trade mark infringement.

It appears that Apple has been filing applications to register the mark in the name of another company, Ocean Telecom Services LLC, in order to avoid drawing attention to its plans.

Commenting on the case, the President of the Institute of Trade Mark Agents (ITMA) Philip Harris said

"Obviously we don’t know the commercial background and undoubtedly there will be things going on behind the scenes.”

“However, the case does illustrate clearly that for new product launches trade marks are every bit as important as the technology and how vital it is, in PR terms, to resolve trade mark issues well in advance of a major launch."

NOTES FOR EDITORS

1. The Institute of Trade Mark Attorneys (ITMA) was established in 1934 as the professional body representing those persons qualified to act for the owners of trade mark and allied intellectual property rights (in particular, registered designs) both nationally and internationally. It now represents the vast majority of UK registered trade mark agents and all UK Trade Mark & Design Litigators.

2. Currently ITMA has approximately 500 practising members; it also extends associate membership to professionals in related fields of law and overseas membership to foreign trade mark attorneys. Its total membership (all classes) is about 1600 members, primarily located in the United Kingdom and Europe, but also in more than 50 other countries.

3. ITMA is regularly consulted by UK government and by international bodies when questions affecting trade mark and allied intellectual property rights arise. It has regular meetings with the UK Patent Office, the Community Trade Marks Office (OHIM), the World Intellectual Property Organisation (WIPO) and other sister organisations in Europe and beyond. For more information visit www.itma.org.uk.

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