Apo International, a Taiwan based projector lamp supplier, applied for the registration of a logo consisting of a stylized half apple alongside the word 'apo' in lowercase, as shown below, in 2016. The specification of goods by Apo International for this logo included projectors, advertising and laboratory lamps.
Apple Inc. opposed the registration of the proposed mark based on its registered logo of a bitten apple and its registered wordmark 'Apple'. In the first round of litigation at the European Union IP Office, based in Alicante, Spain disagreed with Apple Inc., and allowed the registration on the grounds that the goods were different and the marks were distinct.
Apple Inc. appealed to the General Court. In the second round of litigation, Apple Inc. was able to prevail and it was held that use of the mark of the stylized apple alongside the word 'apo' was deceptively similar.
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Compiled by: Adv. Sachi Kapoor | Concept & Edited by: Dr. Mohan Dewan
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