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Apple

Apple may face ‘iPad’ battle with Fujitsu

By Robin Harding in Tokyo

Published: January 28 2010 06:39 | Last updated: January 28 2010 06:39

Apple may face a legal battle with Fujitsu of Japan before it can use the iPad name for its new tablet computer.

Since 2002, Fujitsu has made a handheld computer called the iPad for use by shop assistants, and has an outstanding trademark application for the name.

Fujitsu said: “[The company] is aware of Apple’s iPad announcement and the possible infringement on our trademark.”

“We are currently discussing our options with our trademark counsel and have no further comment at this time,” the company said.

While trademark disputes rarely prevent the release of products or force a change of name, if Apple cannot overturn Fujitsu’s application or demonstrate that the two products will not be confused, it may have to buy the rights from Fujitsu.

In 2007, Apple reached a settlement in a similar dispute with Cisco Systems, which owned a prior iPhone trademark.

The Fujitsu iPad has a 3.5-inch screen, an Intel processor, a Microsoft operating system and supports both Wi-fi and Bluetooth wireless connections. It is designed to link shop assistants and managers to data on stock and sales.

Fujitsu initially applied for an iPad trademark in the US in March 2003 but its request was suspended because of an even earlier filing by a company called Mag-Tek, which wanted to use the same name for keypads used to enter personal identification numbers.

At one point Fujitsu’s application was listed as abandoned by the US Patent and Trademark Office but in June 2009 Fujitsu filed to revive it. That application is still outstanding.

In July 2009, acting through a proxy, Apple first applied for the iPad trademark in Trinidad & Tobago, gaining it a “priority date” to use in other international applications.

Apple filed requests in September, October and December last year with the USPTO to give it more time to oppose the Fujitsu application. Apple now has until February 28 to say whether it will oppose Fujitsu’s trademark.

Fujitsu’s trademark lawyer, Edward Pennington of Hanify & King, told Bloomberg: “They probably need to talk to us and we haven’t had any direct communications with Apple.” He described Apple’s position as “awkward”.

Fujitsu has only made a trademark application for iPad in the US. There are several other owners of iPad trademarks around the world, including Siemens, which has the right to use the term for engines and motors; and Coconut Grove Pads, which since 2008 has had the right to the term for padded bras.

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