Author- Nandini Bhagat
INTRODUCTION
One of the biggest corporations in the world, Apple has probably the strongest brand recognition of any multinational corporation. No matter where you are, the majority of people will recognize the name Apple and its lineup of iPhone and Macintosh devices if mentioned. There’s more to this brand recognition than random chance. Apple took considerable care to make its products distinctly user-friendly, winning them widespread praise and a sizable following. Apple holds a trademark on the apple logo, which they zealously guard along with their other trademarks. Apple submitted 215 trademark oppositions to the US Patent and Trademark Office between 2019 and 2021. The purpose of these oppositions was to stop comparable marks from obtaining legal protection. The applications that Apple is opposing contained both marks with merely slight or accidental similarities and marks that attempted to capitalize on Apple’s notoriety. The logo of the meal-planning app Prepear is one illustration. Prepear is a unique meal planning tool created by Super Healthy Kids, a website used by parents and kids for meal planning. To secure nationwide protection for their mark against competitors, Apple opposed Prepear’s federal trademark application in 2020 for their new pear-shaped emblem.
Prepear’s emblem, according to Apple, is too close to their apple trademarked imagery. While sharing fruit with the Apple logo, the Prepear logo does not appear to be especially comparable. The image of a pear rather than an apple appears in the logo’s white center and green lines. Prepear, who changed a rounded line in the top leaf to a straight one, resolved the claim in 2021. Yes, one of the reasons Apple opposed Prepear was because one of the logo lines was too rounded.
What qualifies as a trademark that can receive legal protection is at the heart of the problem. A trademark is legitimate if it is distinctive and used for products or services that are traded. To be distinctive, a trademark must both identify and set itself apart from the associated products or services. After then, a trademark may be federally registered with the USPTO, however, this is not necessary for legal protection. An application is required, followed by publication in the USPTO gazette for potential opposition and, if necessary, cancellation or office action during the registration procedure. The trademark is renewed every ten years with proven commercial usage if there is no cancellation. The distinct necessity of trademark protection is supported by registration.
Consumers’ confusion over two brands may give rise to a trademark infringement claim, which could result in monetary penalties or an injunction. It is easier to prove trademark infringement when the owner of a registered trademark is involved. A trademark owner can also oppose pending applications for marks that are likely to cause confusion and lessen the value of a well-known mark, regardless of whether they are the owner of a registered mark.
If a trademark proprietor can show that the use of the other mark weakens or otherwise tarnishes their mark, they may also bring a dilution lawsuit in court. Dilution doesn’t need to confuse; rather, it just needs to be comparable to a well-known brand, like the one used by Apple. Opposing newly registered trademarks with the USPTO, as Apple did with Prepear’s application, is another strategy for securing trademark protection. The application may be opposed by trademark owners who worry that consumers will mistake their mark for a recently filed mark. These approved applications are also made public by the USPTO for this reason.
Apple appears to assume that they are the exclusive owner of all trademarks relating to stemmed fruit. Apple has been accused of bullying by several IP law commentators due to their aggressive trademark protection strategies. Many small firms are unable to compete with a $3 trillion market-value organization that has access to almost endless legal resources. One example of a tiny business competing with Apple is Prepear. In the end, they decided to replace their emblem rather than face more criticism and related legal fees.
Bullying or Brand Protection?
It has been demonstrated that the Apple legal team’s strategies hurt tiny businesses with trademarks that only barely resemble one of Apple’s many trademarks. More than 50 different word combinations with the word apple are among Apple’s more than 1000 trademarks, which also include each iteration of the iPhone. Apple can file an opposition to any trademark that even vaguely resembles an Apple product thanks to its extensive portfolio of registered trademarks and strong legal counsel. Apple has spent the last 46 years developing its intellectual property, and it plans to keep submitting applications for new trademarks. Would Apple’s trademark resistance increase as they acquire more trademarks, one wonders? Will Apple let someone else use stemmed fruit logos or will they maintain their monopoly?
