Apple opposed the filing of a European trademark by a Chinese keyboard manufacturer because the logo the company wanted to use was too close to the Apple logo. The European Intellectual Property Office (EUIPO) has partially refused to grant a European Union trademark after Apple objected to the filing.
Yichun Qinningmeng Electronics Co. makes mechanical keyboards and keycaps, according to its website, although it also appears to sell solar panels. The logo used by the company is a citrus fruit with the lower segments transformed into keyboard keys, with a green leaf tilted to the left at the top of the fruit and a missing section on the right side. Part of the company name translates to citrus fruit, which is likely the reason behind the design.
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Apple argued that the logo resembled an apple with a detached leaf and a bite, which the EUIPO disagreed with. He found that the perfectly round shape of the logo did not match the shape of an apple and that it looked more like an orange.
The opponent argues that the figurative element of the contested sign also consists of an apple with a detached leaf and a bite. However, the body of the figurative element consists of a circle (despite the missing part) and the apples are not perfectly round. Furthermore, apples are not normally represented in a form that is in any case more akin to an orange or other round-shaped fruits.
Therefore, even if the Opposition Division agrees that the figurative element of the contested sign is likely to be perceived as representing any fruit and the detached oblong shape is therefore also likely to be perceived as representing a leaf, given its round shape as well as the relatively generic shape of the leaf, it will not be immediately associated with a particular fruit but rather with a round-shaped fruit in general.
It follows from the above that, in the present case, the relevant public will perceive the contested application as a highly stylized round fruit bearing additional fanciful figurative elements. In particular, triangular shapes, by their arrangement, can be considered as segments. Furthermore, the square and rectangular figures of the lower part, again by their arrangement, can evoke a keyboard.
The EUIPO acknowledged that there were some “minor commonalities” between the two models, but also noted many differences. Overall, the two logos were found to be “visually similar, albeit to a very small extent”, and the EUIPO concluded that the “signs are not conceptually similar”.
Although the EUIPO did not find that the citrus logo resembled an apple, it largely ruled in Apple’s favor due to the strength of Apple’s reputation in the EU and the ability for customers to “make a mental ‘connect’ between the signs.”
Apple claimed the citrus logo would take unfair advantage of Apple’s reputation, and the EU agreed. Apple’s argument:
Given the immense reputation of the opponent’s earlier mark, it is difficult to believe that the applicant’s intention was not, at the very least, to be reminiscent in some way of the opponent’s Apple logo. It is more likely that the application represents a deliberate attempt to take advantage of this reputation to offer identical and very similar products. As a result, the intended audience, confronted with the applicant’s sign, will incorrectly assume that the application indicates a connection with Apple (i.e. that the applicant is a supplier or manufacturer).
Yichun Qinningmeng Electronics Co. is unable to continue the trademark filing process for keyboards or any other related IT products, but the application to use the logo for solar panels will be pursued. The company can file a notice of appeal within the next two months.
Apple and Yichun Qinningmeng Electronics Co. also had a trademark dispute in the United States, but the trademark application was abandoned after the Chinese company failed to respond in opposition proceedings.
Apple has already repeatedly opposed fruit-related logos. He sued the developers of an app named Prepear because the app used a pear-shaped logo featuring a leaf and objected to an apple logo used by a Norwegian political party. Apple opposes dozens of trademark applications in the United States and other countries each year.