Use of iphone/ipad picture on product packages

[evicpa]

Hi Everyone,

I intend to import power banks (used for tablets and smartphones) from China and my manufacturer has put an image of ipad and iphone on the package showing that these devices are connected to the power bank and get charged. I was wondering if I won't have any problem with the U.S. Customs for using such illustration on the package of power banks. It is also stated on the package that the power bank can be used to charge iphone, ipad and samsung galaxy tablets. Although at the back of the package it is clearly stated that the "iPhone and iPad are registered trademarks of Apple Inc" I am still not sure if it is against the law to mention iPad and Iphone name/picture on the package without having a written consent from Apple.

I would appreciate any insight that you may have on this matter. Thank you very much.

 

[quincy]

Hi Everyone,

I intend to import power banks (used for tablets and smartphones) from China and my manufacturer has put an image of ipad and iphone on the package showing that these devices are connected to the power bank and get charged. I was wondering if I won't have any problem with the U.S. Customs for using such illustration on the package of power banks. It is also stated on the package that the power bank can be used to charge iphone, ipad and samsung galaxy tablets. Although at the back of the package it is clearly stated that the "iPhone and iPad are registered trademarks of Apple Inc" I am still not sure if it is against the law to mention iPad and Iphone name/picture on the package without having a written consent from Apple.

I would appreciate any insight that you may have on this matter. Thank you very much.

What is the name of your state, evicpa?

Goods that are imported that show fake or unauthorized trademarks on them can be seized as counterfeits. Here is a link to a guide for US importers: http://www.cpsc.gov/PageFiles/113831/iius.pdf

 

[evicpa]

I live in CA. I don't import fake or counterfeit products, I am wondering if just stating on the package that this particular power bank can be used for iphone, ipad, or samsung galaxy would be against the law or not? The power bank will have my own company's logo.

Thank you

 

[quincy]

I live in CA. I don't import fake or counterfeit products, I am wondering if just stating on the package that this particular power bank can be used for iphone, ipad, or samsung galaxy would be against the law or not? The power bank will have my own company's logo.

Thank you

Okay. I understand that the product you are intending to import is not a counterfeit product. If the product is, in fact, compatible with another company's product (like the Apple iPad or iPhone), then it is possible to use the trademark name to indicate the compatibility. It is generally NOT okay to use the other company's logo on your product packaging, without express written authorization from the company.

And, there are strict guidelines for uses of other company's trademarks on products not created by the trademark holder that must be adhered to in order for the packaging not to be seen as infringing on the rights of the trademark holder. If the use of the trademark on the product packaging is done in a way that does not follow these guidelines, then using the Apple name could cause the product to be flagged at the border or seized.

The actual packaging would need to be reviewed to see if you are likely to have a problem or not. If you are using the logo on the packaging, it is likely to be flagged.

Here, for example, is a link to Apple's Intellectual Property Guideline which explains how Apple's IP can (and can't) be used on products made to be compatible with Apple products:
https://www.apple.com/legal/intellectual-property/guidelinesfor3rdparties.html

These are the same or similar guidelines most companies will have when it comes to the use of their trademarks.

Because I imagine you have a decent amount of money tied up already in your product and its manufacture, you should have an IP attorney in your area review the packaging, so you can make changes to it if necessary.

Good luck.

 

[evicpa]

Thank you very much for your helpful advice. I will use the word mark only just to state the product is compatible.

 

[quincy]

Thank you very much for your helpful advice. I will use the word mark only just to state the product is compatible.

You're welcome, evicpa.

As long as you make sure that you are using the trademarks in the ways that follow each company's guidelines for use, and your product is one that does not violate any other US laws, there is less of a chance that your products will have a problem when they enter the country from China. It is not a guarantee, of course, but it makes it less likely that you will run into difficulties.

Again, a personal review of the product and its packaging by an IP attorney is the best way you have of ensuring your products' safe entry into the country.

Good luck.