Mexican carriers are forbidden to use the ‘iPhone’ name in ads



Mexican Institute of Industrial Property (IMPI) forbade local cellular operators use the word “iPhone” in advertising, since it violates the rights of the Mexican company previously registered trademark “iFone”.

In March last year, Apple lost a lawsuit in Mexico for the iPhone brand, which was previously registered by the  Mexican telecommunications company iFone. Last registered trademark in Mexico iPhone / iFone in 2003, ie 4 years before Apple released the first version of its smartphone.

According to the IMPI decision , three Mexican carrier; Telcel, Iusacell and Movistar have to delete the word “iPhone” in advertising and marketing materials. Otherwise iFone will be right to bring them to court for copyright infringement. Apple itself can sell and advertise the iPhone.

In 2009, Apple filed a lawsuit in which, the rights of iFone “iPhone” was asked to be invalid. The Cupertino company found that iFone registered trademark without sufficient arguments. However, the Court of Mexico ruled in favor of a local company, rejecting Apple lawsuit .

“We do not tolerate rowdy tactics company Apple – contend thou first, and then disassemble. This company is mired in legal showdowns all over the world, “- commented on the lawsuit in iFone.

Apple registered the iPhone brand in Mexico using two categories: “Class 9” and “Class 28”, the first of which includes computers, cameras, software, and mobile devices, and the second includes gaming devices. California-based company wanted to strengthen its brand by registering it in the  “Class 38”   telecommunications services category, but this prevented iFone to be used since it is registered in that category.

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