Apple loses vs. MyPhone in trademark case before IPOPHL

Technology giant Apple Inc. lost to locally listed Solid Group Inc., the company behind the MyPhone mobile brand, in a trademark legal battle waged before the Intellectual Property Office of the Philippines (IPOPHL)

 

In a disclosure to the Philippine Stock Exchange Monday, Solid Group's Corporate Information Officer Josephine Santiago said the IPOPHL dismissed the trademark case Apple Inc. filed against them. 

 

A copy of the decision dated May 19 said that while "iPhone" and "my/phone" are somewhat similar, "it is not sufficient to conclude that confusion among the consumers is likely to occur." 

 

"Clearly, the word 'phone' conveys the nature of the parties' products and one cannot gain exclusive right to appropriate such term given that their products are mobile phones," the decision signed by Nathaniel Arevalo, Director IV of the Bureau of Legal Affairs, said. 

 

Using Apple Inc.'s argument that their "iPhone" mark is "well-known and famous," the IPO said "it is improbable for one who is buying or using 'my/phone' products to be reminded of the mark 'iPhone'."

 

The IPO also noted the difference in "commercial impressions  generated by the marks upon the products when seen in the actual market place." 

 

The decision becomes final and executory at the IPOPHL level if Apple Inc. fails to appeal to the IPOPHL Director General within 30 days after receiving a copy of the decision.  — Kathrina Charmaine Alvarez/ELR, GMA News