You do not have to be a trademark lawyer to realize that a logo consisting of an apple with a bite can lead to problems. This is one of the most famous logos in the world that is also actively defended by the trademark owner.
Yet an Italian company came out with the same logo. And promptly they received an opposition.
The annoying thing with oppositions about logos is that the logos have to be very similar if an opposition is to be successful. In this case, the EUIPO finds the trademarks visually similar to a low degree. The agreement is, in other words, not overwhelming, this despite of the same idea.
But yet enough to proceed to the question whether there is a risk of confusion. In order to assess the risk of confusion, you also have to look at the degree of similarity of the products. In this case, these are completely identical. And that compensates the low similarity of the marks. So, the conclusion is that risk of confusion exists. It was a close call but a victory for Apple.
Deel dit bericht
“Merkbescherming geeft vrijheid om te kunnen ondernemen.”