The apple does not fall far from the leaf

Is the leaf just as famous as the apple? That’s the question in Apple’s newest trademark dispute.

Apple wants to register the leaf, that is part of their iconic logo, as a separate trademark. But it has not yet succeeded.

When the European trademark application for the leaf was rejected early this year, Apple appealed. The registration has been rejected, because the European trademarks office (OHIM) states the leaf is no more than a simple, generic elliptical shape, which the general public will not perceive as a mark. However, Apple believes that the leaf has acquired distinctiveness through the use of the famous Apple logo.

The outcome is going to be very interesting. In the recent past the phrase “Have a break…” was deemed to have acquired distinctive, although Nestlé had only used it in combination with “…have a Kit Kat.” This seems like a very similar case.

MarkMatters.com will keep you posted on the outcome.

apple leaf

Erwin Hauër

“Hope is not a strategy.”

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