On July 15, 2022, Taiwan’s IP Office
(“TIPPO”) rejected trademark application for “ApplePie”, citing likelihood of
confusion with “APPLE”, the famous brand of Apple Inc. (See below).
The application was filed on December 22,
2021 (see below), applying for use in goods under class 9, including satellite navigation
Devices, GPS satellite signal receivers, satellite signal Receivers, internet equipment,
internet sharing devices, vehicles navigation device, sound transmission device,
sound transmission device, and video transmission device.
TIPO’s denial is based on the following:
1.
Article 30.1.10 of Trademark
Law provides that a mark shall not be registered if such a mark is identical
with or similar to another person’s registered trademark or earlier filed
trademark and to be applied for goods or services identical with or similar to
those for which the registered trademark is protected or the earlier filed
trademark is designated, and hence there exists a likelihood of confusion on
relevant consumers.
2.
As to similarity, TIPO finds
“ApplePie” is highly similar with “APPLE”. The additional “Pie” presented in
the application is insufficient to differentiate “ApplePie” from “APPLE”.
3.
As to the similarity of goods, the
electronic products designated by applicant are related to products and
services designated by Apple Inc.’s cited trademark (e.g., computers, mobile
devices, navigating devices, computer hardware and software development, software
for navigating and searching database, etc.), for they are usually sold or
supplied through the same or related channels with overlapping customer base, and provide similar functions.
4.
TIPO further notes that Apple
Inc.’s trademarks possesses great distinctiveness for the word “APPLE” bears no
direct relationship with the nature or function of the products or services it
represents. Thus, consumers are inclined to consider “APPLE” as sign indicating
the source of the supplied goods or services.
5.
Given that “ApplePie” is highly
similar with “APPLE”, that both marks are designated for use in associated or
related goods, and that “APPLE” demonstrates great distinctiveness, TIPO opines
it is likely that consumers may be confused and believe that the goods
represented by “ApplePie” is also originated from or is related to Apple Inc.
Therefore, the application is denied accordingly.
Source:
沒有留言:
張貼留言