Mention "iPhone," and most people conjure up an image of Apple’s combination iPod and smart phone. The Toronto-based Comwave, however, claims it owns the trademark in Canada and wants the name associated with its voice over IP products, according to CBC News.

Comwave markets its iPhone voice over IP, or VoIP, products -- including its iPhone Mobile wireless handheld -- in 500 communities across Canada.

Apple filed a trademark application for the name "iPhone" in Canada in October 24. After the application was advertised in 2005 in accordance with Canadian requirements, Comwave filed an opposition to the application claiming it started using the name in June 2004.

According to Comwave president Yuval Barzakay, the two brands simply can’t coexist north of the U.S. border. "The force they put into marketing would quickly make the brand Apple’s and not ours. It’s a case of hijacking the brand," Mr. Barzakay said. "If I asked people on the street who owns the iPhone trademark in Canada, they’d all say Apple. And their product isn’t even in the market. So co-existence is not possible."

Apparently Comwave and Apple have been involved in discussions over the iPhone name, but the two sides have not reached an agreement. Mr. Barzakay commented "Our position is Apple has one of two choices: they can either walk away from the trademark and let us keep the iPhone name here in Canada, or they can buy the brand from us."

Should the two sides not reach an agreement, they will have to wait for the Canadian Intellectual Property Office to decide who gets to use the name in Canada.