Apple has opposed a trademark application in Europe by a Chinese keyboard manufacturer . According to Apple, the logo the Chinese company wanted to use was too close to Apple's own. Following the tech giant 's objection , the EU Intellectual Property Office ( EUIPO ) has (partially) refused to grant a European Union Trademark, despite finding several differences in the two companies' trademarks.
Yichun Qinningmeng Electronics Co. makes mechanical keyboards and switches, although it also appears to sell solar panels. The company's logo is a citrus fruit with the lower sections converted into keyboard keys, with a green leaf to the left, at the top of the fruit, and a section of the fruit missing on the right side.
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Apple argued that the logo resembled an apple with a leaf removed and a bite (i.e. its own logo). Initially, the EUIPO disagreed, saying that the round shape of the Chinese 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 mark also consists of an apple device 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 usually depicted in such a shape, which, in any case, is closer to an orange or other round-shaped fruit.
Therefore, while the Opposition Division agrees that the figurative element of the contested mark is likely to be perceived as depicting some type of fruit and that the detached shape is also likely to be perceived as depicting a leaf, its round shape, together with the relatively general shape of the leaf, will not be directly associated with any specific 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-shaped fruit bearing additional imaginary figurative elements. In particular, the triangular shapes, due to their arrangement, may be considered as segments. Furthermore, the square and rectangular shapes at the bottom, again due to their arrangement, may evoke the image of a keyboard.”.
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The EUIPO acknowledged that there were some “minor similarities” between the two designs, but also noted numerous differences. Overall, the two logos were found to be “visually similar, but to a very low degree,” and the EUIPO concluded that the “marks are not conceptually similar.”
However, the EUIPO reportedly ruled in Apple's favor due to the strength of the company's reputation in the EU and the likelihood that customers would "create a mental 'connection' between the marks."
What are Apple's arguments for the Chinese company's logo?
Apple claimed that the citrus logo would unfairly exploit its reputation , and the EU agreed.
According to Apple's argument, it is believed that the application for the specific trademark represents a deliberate attempt to exploit this reputation to offer identical and very similar goods. As a result, the public to which it is addressed may incorrectly assume that the Application indicates a connection with Apple (i.e. that the Applicant is a supplier or manufacturer).
Yichun Qinningmeng Electronics Co. cannot proceed with the trademark process for keyboards or other related computer products, but the application to use the logo for solar panels will proceed. The company can file a notice of appeal within the next two months.
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Apple and Yichun Qinningmeng Electronics Co. also had a trademark dispute in the U.S., but the trademark application was terminated after the Chinese company failed to respond to opposition proceedings.
Apple has opposed fruit-related logos several times in the past. It sued the developers behind an app called Prepear because the app used a pear-shaped logo with a leaf, and it opposed an apple logo used by a Norwegian political party. Apple opposes dozens of trademark applications each year in the U.S. and other countries.
