What is the added value of a trademark specialist? Well, a lot. Of course, our opinion is coloured, but often you are better off with a clear advice or with a good defense in case of infringement matter. Trademark law is becoming more and more difficult, so, why not use some help?
In case of the application of Apple Toys, you can say that the applicant would have had better chances in the opposition with a trademark attorney. Apple has filed an opposition against the application Apple Toys in the UK. The use requirements apply to the trademark of Apple. However, the applicant has not asked for any evidence of use. A missed chance as Apple had in fact filed evidence of the reputation of its brand and the UKIPO says that this proof only shows that games can be played on the tablets and phones from Apple (but probably no use for games itself). Also not very clever: the applicant fully admitted that Apple is a well-known brand.
The UKIPO only answers the question if there is a risk of confusion. The trademarks are similar in a visual, aural and conceptual manner. Moreover, the products are identical. So yes, there is a risk of confusion.
The examiner probably feels sorry for the defendant and limits the costs on the basis of the following argument: “I have however taken into account that the witness statement of Mr (person from Apple) and its exhibits was clearly not specially prepared for this case but was clearly one which was “on the shelf” and merely amended in terms of numbers and main details and copied for the purposes of this case.”
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“Trademark protection gives freedom to do business.”