PINK LADY is the brand name for a kind of apple. As we have read before, there is a trend to “brand” fruit: several trademarks for strawberries and apples are introduced last years.
PINK LADY has been registered as a trademark by the trademark owner Apple and Pear Australia. In doing so, they have also taken a look into the future, as the trademark is also protected for cider, quite a logical product of course. And a smart choice because in France they could easily act against an application of the label of the wine brand PINK LADIES (see below). The opposition is accepted by the French trademark office.
It is very understandable that Apple and Pear Australia has some trouble with this trademark Pink Ladies. With a trademark registration for apples only, the case was however rather difficult: the similarity between apples and wine is hard to proof. The broad description of products therefore pays off. The disadvantage of a broad description is that you run into objections more quickly when applying for the trademark. Nevertheless, it is very wise to include related products directly into the specification. And, if a European application encounters problems in a class, you can separate the disputed class from the remaining application in order to get a registration for the remaining classes.
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“Trademark protection gives freedom to do business.”