Trademark law – Pear too strong a reminder of an apple
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.
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
Phone: +49 221-27 22 75-0
This release was published on openPR.
Permanent link to this press release:
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: 1808
More Releases from GRP Rainer LLP
GRP Rainer Rechtsanwälte – Experience in establishing companies
Choosing the right corporate form when establishing a company can contribute a great deal to the economic success of the business. We at the commercial law firm GRP Rainer Rechtsanwälte advise numerous businesses on company formation and takeovers as well as in the event of a change of partners or shareholders. In our experience, the partners or shareholders frequently neglect one critical point amidst all the euphoria: choosing the right corporate
OLG Köln: Will written with non-dominant hand valid
It is possible for a will to be valid even if it was written with the hand one does not normally write with. That was the verdict of the Oberlandesgericht (OLG) Köln [Higher Regional Court of Cologne] in its ruling of August 3, 2017 (Az.: 2 Wx 149/17). In addition to preparing a notarized will, a testamentary disposition can also be handwritten. To this end, the will needs to be written
OLG Köln: Only serious misconduct justifies withdrawal from contract of inherit …
Apart from a will, it is also possible to prepare a contract of inheritance as a way of organizing one’s estate. It should be noted, however, that a contract of inheritance has a significantly stronger binding effect. In the absence of a will or contract of inheritance, the rules of intestate succession apply automatically following the death of the testator. If these run contrary to the testator’s wishes, a testamentary disposition
Commercial agent’s claim for compensation following voluntary termination
A commercial agent may even be entitled to compensation if he or she voluntarily issues notice of termination. However, the company’s conduct needs to give rise to legitimate grounds for termination for this to happen. When a commercial agency agreement is brought to an end, the commercial agent often has a right to compensation. This is because the company in a lot of cases continues to profit from the client contacts
More Releases for EUIPO
Embedded SIM (eSIM) Market 2021 Global Insights and Business Scenario – Gemalt …
Embedded SIM (eSIM) Market Research Report 2021 provides detailed analysis of Growth Factors of the market as well as it gives analysis of the Market size, Latest trends, SWOT Analysis by Regions and Forecasted market research data until 2027. The Embedded SIM (eSIM) market report has studied key opportunities in the market and influencing factor which is useful to the business. The report also maps the qualitative and quantitative impact of various market factors like
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 $114.4 billion, the anti-counterfeit packaging
Microprinting Market Is estimated to grow with a CAGR of 4.8% during the forecas …
According to a new market research report published by Credence Research “Microprinting Market (by Ink & Technology: Micro-embossing, Magnetic Inks, UV & Infrared Inks and Special Inks; by Application: Currency, Stamps, Bank Cheques & Drafts, ID & Access Cards, Consumer Electronics, Packing & Logistics and Defense Application - Growth, Future Prospects, and Competitive Landscape, 2018-2026”, the Microprinting market was valued US$ 490.17 Mn in 2017 and estimated to grow with