In the always sunny Mexico dark clouds gather over Apple’s iPhone. What has happened?
It started with an application in 2007 for iPhone in class 38 (telecommunication etc.) in Mexico. The Mexican Trademarks Office refused this mark as an older trademark iFone existed. This trademark was registered by a company iFone already in 2003 in class 38. Apple filed a cancellation action and stressed that this iFone trademark has not genuinely been used. The Office ruled differently and dismissed the cancellation action. Apple went in appeal and lost. The specialised Mexican IP court ruled that iFone had legitimate rights.
Painful for Apple, as the application remains rejected. A result is that Apple does not obtain the exclusive right on the iPhone trademark for services of telecommunication. Moreover, Mexican rules say that iFone can claim monetary damages up to 40% of the sales of the iPhone. This smells like what we call a Proviewcase (you surely remember the 60$ million setting in respect of the iPad trademark in China). Probably, you will not hear anything on this case anymore.
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