Apple is following very closely, so that no one encroached on its trademark. Bureau for intellectual property of the European Union (EUIPO) at the request of the California giant recognized unacceptable the use of British Technologies of the Pear logo pear.
In 2014 a small company, a developer of software and services for digital mapping, decided to register in EUIPO trademark logo pear: pear, as indicated in the company name. The application was lodged on 18 February 2014, published 11 August 2014. Apple’s lawyers immediately appealed to the court, stating that the silhouette on the logo close to the point of confusion with the trademark of the manufacturer of the iPhone, which uses as its symbol a bitten Apple.
Apple representatives said that the Pear Technologies involve “abstract stylization” under the Apple using a “sleek, rounded silhouette of the fruit”.
First attempt at Pear Technologies to patent the logo is a pear failed
In proof of the American lawyers presented the brand in the form of a silhouette with a half-eaten Apple, which was on the territory of the European Union on 30 March 2012. The documents indicate that the rights to this sign belongs to Apple for a wide class of goods and services which belong to the classifier of groups, Class 9, Class 16, Class 28 Class 35 Class 37 Class 38, Class 41 and Class 42. The list includes a large number of different products, ranging from toys and paper products, ending the lottery, movies, quizzes and video players. Pear Technologies attempt to register a trademark in the form of a pear immediately fell in several categories that have already a registered trademark in the form of a bitten Apple.
The European intellectual property office sided with Apple. Experts EUIPO acknowledged the widespread prominence of the company logo, as well as conducted a comparative analysis of graphical signs of the Pear and Apple Technologies. They expressed the view that “figurative elements representing the pear, have elements that are similar to [Apple], especially in terms of abstract styling and a smooth, rounded silhouettes fruit presented on both signs, with an oblong shape, are angled in the upper part of the main objects”.
Second attempt at Pear Technologies to patent the logo also failed
In Pear Technologies has declared its disagreement with the decision of the expert Council, noting that judgment on the similarity of the two logos made because both shows fruit. Thus, according to them, Apple monopolized the right to represent the fruit on the logo.
It is noteworthy that this case is not over. Later Pear Technologies tried to register another trade mark with a picture of a pear, which removed any similarities with the Apple logo. But EUIPO again refused, almost with the same wording.
Earlier this month, Apple filed a lawsuit against the manufacturer of Swatch watches because the phrase “Tick Different”. The American Corporation believes that the slogan of the Swiss company similar to the phrase Think Different, which the company used in its advertising in the late 90s – early 2000s.
