Beijing authorities investigate iPad trademark case

 Trademark authorities in Beijing have started looking into the iPad trademark case at the request of a Chinese company, which claims itself to be the rightful owner.

According to sources with the Beijing Administration for Industry and Commerce, an official investigation is being carried out by the administration's Xicheng District branch, which had received complaint from Proview Technology (Shenzhen) in early 2011 claiming that Apple had been infringing on its iPad trademark.

Local media has reported that Apple could be fined 200 million yuan (31.7 million U.S. dollars), but the administration said it has not considered the maximum penalty for the alleged infringement.

Guangdong Province Higher People's Court, which is adjudicating the dispute, will decide the amount according to the actual business volume, the spokesman said.

The spokesman refused to reveal more details about the case.

The U.S. company declined to comment or reveal whether the case has affected sales on the Chinese mainland.

Now Proview Shenzhen is trying to protect the trademark right of "iPad" via both court proceeding and case-filing with commercial authorities, said Xie Xianghui, a lawyer for Proview Shenzhen.

The company has appealed to another three courts, including Shenzhen Futian District People's Court, Huizhou Municipal Intermediate People's Court and Shanghai Pudong New Area People's Court, to request two Chinese electrical application retailers as well as Apple stop selling the iPad in the three cities respectively, Xie told Xinhua.

Case files have been set up in Beijing, Xuzhou City in eastern Jiangsu province and other cities in a request to local authorities to investigate Apple's "infringement," he said.

Shanghai Pudong New Area People's Court accepted the case and it will come to trial soon, a spokesman for the court said Monday.

Xie Xianghui said the trial date will be Feb. 22.

Proview Technology (Shenzhen) is a subsidiary of the Hong Kong-headquartered Proview International Holdings Limited, which also has a branch in Taipei.

Proview Taipei registered the iPad trademark in a number of countries and regions as early as 2000, and Proview Shenzhen registered the trademark on the Chinese mainland in 2001.

Apple bought the rights to use the trademark from Proview Taipei in February 2010 via IP Application Development Limited, a company registered in Britain. However, Proview Shenzhen claims it still reserves the right to use the trademark on the Chinese mainland. The two sides have been entangled in a legal battle ever since.

The Municipal Intermediate People's Court in Shenzhen rejected a lawsuit by Apple and IP accusing Proview Shenzhen of infringing on the iPad trademark in December 2011.

Apple has appealed to the Higher People's Court of Guangdong Province. The case is still under trial.