Press release
Trademark law – Pear too strong a reminder of an apple
One cannot compare apples and pears, at least not according to the equivalent German expression for comparing apples and oranges. However, as demonstrated by a decision of the European Union Intellectual Property Office (EUIPO), things may look rather different in the field of trademark law.Trademarks are of great importance to businesses. They create brand recognition among consumers and help to distinguish a company’s products and services from those of competitors. However, it is not possible to have every sign or symbol registered and protected as a trademark. GRP Rainer Rechtsanwälte notes that in order for a sign or symbol to be capable of being registered as a trademark, it needs to be sufficiently distinctive such that it can be clearly distinguished from the products of other providers. On the other hand, the sign or symbol cannot infringe any existing trademark rights. That is why it needs to be carefully assessed whether the necessary conditions are met before registering a sign or symbol.
The fact that the devil is often in the detail here is clear from a recent decision of the EUIPO. It is generally safe to assume that apples and pears are sufficiently distinguishable from each other such that there is no risk of one being mistaken for the other. Notwithstanding this, the EUIPO, the body responsible for registering European Union trademarks, took a different view in the context of a dispute between two IT firms. The company bringing the action has featured an apple in its logo for many years, whereas the other company wished to register a pear as its logo. The EUIPO rejected the application for registration.
In justifying its decision it noted that while these were two different fruits, their silhouettes bore a significant resemblance to each other in terms of their smooth, sleek and round design. The “figurative aspects” of the pear were said to be strongly reminiscent of the logo featuring the apple. The EUIPO went on to say that a remote visual and design-related similarity between the logos was itself sufficient to justify rejecting the application to register as a trademark. It further argued that the pear would give rise to an association with the more well-known apple logo in the minds of consumers and thus allow the relevant company to unfairly profit from the latter’s popularity and success.
Lawyers who are experienced in the field of trademark law can advise on registering trademarks as well as in the event that trademarks rights become infringed.
https://www.grprainer.com/en/legal-advice/intellectual-property-law-and-trademark-law/trademark-law.html
GRP Rainer LLP www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London UK.
Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Gürzenich-Quartier
Augustinerstraße 10
50667 Cologne
Germany
Phone: +49 221-27 22 75-0
info@grprainer.com
www.grprainer.com/en
This release was published on openPR.
Permanent link to this press release:
Copy
Please set a link in the press area of your homepage to this press release on openPR. openPR disclaims liability for any content contained in this release.
You can edit or delete your press release Trademark law – Pear too strong a reminder of an apple here
News-ID: 576418 • Views: …
More Releases for EUIPO
ROIBest is Empowering Businesses to Expand Their Global Read and Achieve the Hig …
ROIBest is the inventor and leader in Android PWA's non-removable apps.
Image: https://www.abnewswire.com/upload/2025/01/137c90be456fc1993c4eaf9ee25a7f2a.jpg
ROIBest, a company specializing in Android Progressive Web App (PWA) technology, has emerged as a key player in addressing significant challenges faced by app developers worldwide. With a strong focus on simplifying app deployment and improving business outcomes, ROIBest offers solutions that tackle issues such as complex app review processes, high in-app purchase fees, and marketing campaign efficiency.
Rey, the…
Trademark Renewal Service Market Set To Boom Amidst Unprecedented Challenges
HTF Market Intelligence recently released a survey document on Trademark Renewal Service market and provides information and useful stats on market structure and size. The report is intended to provide market intelligence and strategic insights to help decision-makers take sound investment decisions and identify potential gaps and growth opportunities. Additionally, the report also identifies and analyses changing dynamics, and emerging trends along with essential drivers, challenges, opportunities, and restraints in…
AIPLUX AI Technology's Impact in the Battle Against Global Counterfeiting: A Hig …
PARIS, October 3, 2023 - Paris Fashion Week (PFW) holds a special place in the global fashion calendar, this year's Spring/Summer 2024 Week is held from September 25 to October 3. Amidst the 2023 surge in AI technology, the fashion realm is entering an unprecedented era brimming with vast business opportunities such as with the reveal of Humane AI Pin at Coperni's PFW show. The incorporation of AI technology in…
Joseph Chikelue Obi (Black Irish Independent Presidential Candidate) celebrates …
www.independent.irish - - Independent Irish Political News - - A (FULLY LICENSED) BLACK EU MEDICAL DOCTOR (and EU Anti-Racism Campaigner) who has never ever suspended (or abated) his (Independent) War against Systemic (and Systematic) British (and Irish) Institutional Racism , most especially in terms of Widespread Allegations of Structural (Systemic) Discrimination at the British (UK) General Medical Council (GMC) and the Racist Independent Irish (News) Media Fraternity - has publicly…
Blockchain in Government Market 2020 to See Strong Growth including key players: …
Market Size - USD 189.2 Million in 2018, Market Growth - CAGR of 81.0%, Market Trends - High demand for transparency and decentralized government.
The global blockchain in government market is forecast to reach USD 22.03 Billion by 2026, according to a new report by Reports and Data. Blockchain brings digital technology into real-time computing systems management. The market has the ability to change aspects of digital technology, which includes the…
Growth Prospects for Anti-Counterfeit Packaging Market Brightest in Asia-Pacific
In 2016, $461.0 billion worth of counterfeit goods were traded across the world! The European Intellectual Property Office (EUIPO) and Organization for Economic Co-operation and Development (OECD), which jointly published these numbers, also said that of all the goods exported that year, 2.5% were counterfeits. This has led to manufacturing companies increasing the use of anti-counterfeit packaging to secure their products and brand image. At $114.4 billion, the anti-counterfeit packaging…