Apple has filed a case against the apple-shaped logo by a bottled water company Georgette LLC at the Trademark Trial and Appeal Board. The Cupertino tech giant states that Georgette’s logo bears a very strong resemblance to Apple’s own trademark symbol which can cause the “likelihood of consumer confusion, mistake or deception.
Wanting to preserve its unique identity, Apple has always guarded its trademark logo. Recently, the company settled a pear logo case with a nutritional company, Prepear. The iPhone maker has allowed Prepear to keep its fruit logo trademark with a slight change in the shape of the logo’s leaf. The tech giant had objected to the resemblance of the pear’s leaf with its apple’s leaf in the logo. It does not come as a surprise that Apple is unhappy with Georgette’s trademark which is almost exactly like its own.
The Cupertino tech giant objects to the application of a bottled water company’s apple-shaped trademark
As per the report by LawStreetstates, Georgette had applied for an apple-shaped mark and graphic for its “purified drinking water; bottled water” which has a very strong resemblance to the Cupertino tech giant’s mark. Therefore, the tech giant argues:
Apple contended that since 1977 it has “extensively promoted, marketed, advertised, distributed, and sold goods or services in connection with a family of trademarks consisting, in whole or in part, of the word APPLE or its graphic equivalent, the Apple Logo (shown below) depicting a stylized apple with a detached leaf (collectively, the ‘Apple Marks’).”
Apple added that its Apple Marks are famous, distinctive and have garnered a high level of consumer recognition and goodwill.
Furthermore, the tech giant claims that the applied mark will confuse the consumers, therefore, wants the authority to deny the applicant’s trademark petition.
Additionally, Apple proffered that because the applicant’s goods and mark “so closely resembles the Apple Marks” they will likely cause consumer confusion, mistake, or deception “as to the origin or source of Applicant’s Goods or the affiliation between Applicant and Apple.” Specifically, Apple alleged that consumers are likely to associate the applicant’s mark with Apple. According to Apple, the applicant’s mark “features a stylized apple design with a right-angled, detached leaf, rendering it visually similar to Apple’s famous Apple Marks.” Apple provided a side-by-side visual comparison and overlay in the opposition.
Apple contended that “the Apple Marks are so famous and instantly recognizable that the similarities in Applicant’s Mark will overshadow any minor differences and cause the ordinary consumer to (falsely) believe that Applicant is related to, affiliated with or endorsed by Apple.” Apple also highlighted the similarity of some of its offered products like water bottles to those offered by the applicant as another reason for a likelihood of confusion.
