Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[ipplanet]

The OHIM Board of Appeal ruled on the dispute concerning the European trademark PINAPPLE filed for classes 3, 9, 14, 16, 18, 20, 21, 24, 25, 26, 28, 35, 36 and 41.
Apple Inc. filed opposition to that mark based on trademark Apple for classes 9, 16, 20, 28, 35, 36, 41.
The OHIM's Commission rejected the opposition.
The decision was appealed.
The Board of Appeal issued a decision which supports the opposition for classes 16, 28, 35, 41. For other classes the Board believes that the marks are not similar.
In respect of existing reputation claimed by Apple in classes 9 and 42, the Board assumes that such goodwill is available. But the question whether the applicant of the later mark may take advantage of that reputation or harm it is negative.
The interesting thing in this case is that according to the Board of Apple, the reputation of the Apple's logo is more widespread than that of the word Apple which is uses less concerning relevant goods.
http://intellectualpropertyplanet.blogspot.com/2011/08/apple-against-pinapple-apple-pinapple.html