The EU Intellectual Property Office (EUIPO) has partially granted Apple’s opposition to a trademark application from a Chinese company called Yichun Qinningmeng Electronics, out of concern that its orange-shaped logo could harm Apple’s reputation in the EU. Here are the details.<\/p>\n
<\/p>\n As seen by MacRumors<\/em>EUIPO rejected Yichun Qinningmeng Electronics’ application to register its orange-shaped logo on keyboards and other computer-related products, but agreed to the company’s application for solar panels.<\/p>\n The case began last July, when Apple opposed Yichun Qinningmeng Electronics’ EU trademark application, arguing that the company’s orange-shaped logo was too similar to Apple’s logo.<\/p>\n The logo shows a round orange fruit with a leaf facing left, part missing on its right side, the lower segments resembling keyboard keys, and the upper segments reminiscent of the sun’s rays. Apple argued that many of those features evoked its logo, especially on products related to computers and electronics.<\/p>\n As the EUIPO explains, “the grounds for refusal of Article 8(5) EUTMR apply only if the following conditions are met:”<\/p>\n EUIPO adds that these requirements “are cumulative, therefore, the absence of any of them will lead to the rejection of the opposition (…).”<\/p>\n With that in mind, in its decision, the EUIPO stated:<\/p>\n However, the fulfillment of all the aforementioned conditions may not be sufficient. Oppositions may also fail if the applicant finds a valid reason to use the contested trademark.<\/p>\n In this case, the applicant did not claim to have a valid reason for using the contested mark. Therefore, when there are no signs to the contrary, it should be assumed that there is no reason.<\/p>\n<\/blockquote>\n The EUIPO goes on to explain that while Apple “enjoys a high level of reputation in the relevant public in the European Union” for computer-related goods, this was not the case “for all goods for which reputation is sought.”:<\/p>\n Therefore, although the signs are similar in appearance to the lowest level, the Opposition Division concludes that, when encountering the contested mark in relation to the above-mentioned goods in Class 9 – which have, or may have a close connection with the goods for which the earlier mark enjoys a high degree of reputation – the affected consumers will probably associate it with the earlier mark, that is. establishing a mental ‘link’ between symbols<\/strong>.<\/p>\n On the other hand, the opposite solar panels for generating electricity <\/em>they are devices designed to convert sunlight into electrical energy through the photovoltaic effect. [\u2026] Opposite goods at risk do not target the same ideal consumers, as they satisfy completely different needs and have different distribution channels. [\u2026] Therefore, and because these contested goods and the relevant goods of the competitor for which it has been proven that they have a reputation belong to industries and commercial sectors that are clearly not the same, the Opposing Division finds it unlikely that the relevant public, when encountering the contested mark in relation to those services, can remember the previous mark, even if it enjoys a high level of reputation.<\/p>\n<\/blockquote>\n As a result, the office granted Apple’s opposition to computer-related goods because consumers may not be able to mentally connect the two marks, but allowed Yichun Qinningmeng Electronics to continue with the trademark for solar panels.<\/p>\n You can read the EUIPO decision below:<\/p>\n \t\t\t FTC: We use auto affiliate links to earn income.<\/em> More.<\/p>\n <\/div>\n<\/p><\/div>\n\n","protected":false},"excerpt":{"rendered":" The EU Intellectual Property Office (EUIPO) has partially granted Apple’s opposition to a trademark application from a Chinese company called Yichun Qinningmeng Electronics, out of concern that its orange-shaped logo could harm Apple’s reputation in the EU. Here are the details. Apple wins trademark dispute over orange-shaped logo, with a caveat As seen by MacRumorsEUIPO […]<\/p>\n","protected":false},"author":2,"featured_media":13631,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9],"tags":[],"class_list":{"0":"post-13630","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-smartphones-tablets"},"_links":{"self":[{"href":"https:\/\/www.runwayritz.com\/index.php\/wp-json\/wp\/v2\/posts\/13630","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.runwayritz.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.runwayritz.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.runwayritz.com\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.runwayritz.com\/index.php\/wp-json\/wp\/v2\/comments?post=13630"}],"version-history":[{"count":1,"href":"https:\/\/www.runwayritz.com\/index.php\/wp-json\/wp\/v2\/posts\/13630\/revisions"}],"predecessor-version":[{"id":13632,"href":"https:\/\/www.runwayritz.com\/index.php\/wp-json\/wp\/v2\/posts\/13630\/revisions\/13632"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.runwayritz.com\/index.php\/wp-json\/wp\/v2\/media\/13631"}],"wp:attachment":[{"href":"https:\/\/www.runwayritz.com\/index.php\/wp-json\/wp\/v2\/media?parent=13630"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.runwayritz.com\/index.php\/wp-json\/wp\/v2\/categories?post=13630"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.runwayritz.com\/index.php\/wp-json\/wp\/v2\/tags?post=13630"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Apple wins trademark dispute over orange-shaped logo, with a caveat<\/h2>\n
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