Represented by Kolster, Apple Inc. successfully defended Apple brand in the Market Court

The Finnish Market Court stated that there exists a likelihood of confusion between the marks Alpineapple and Apple. In addition, the trademark Apple has a reputation in Finland which forms an obstacle for the registration of mark Alpineapple.

A private person in Finland applied for a registration of a word mark Alpineapple to be used for computer-aided design software and different kinds of scientific and technological design services as well as for analysis and research services in the fields of biology and chemistry in trademark classes 9 and 42. Especially because the mark Alpineapple included the trademark Apple of Apple Inc., Apple Inc. decided to defend the brand.

Apple Inc. filed an opposition against the registration of the mark Alpineapple and further lodged an appeal against the opposition decision issued by the Finnish Patent and Registration Office. The Market Court accepted the appeal in the recent decision (No. 69/2024), revoked the opposition decision and returned the matter to the Patent and Registration Office for cancelling the registration of the mark Alpineapple.

Alpineapple causes a risk of confusion

Apple Inc. has several Apple trademarks valid in Finland which have been broadly protected to be used in the context of different kinds of goods and services. The Market Court assessed that the prior trademarks of Apple Inc. cover largely identical goods and services as the trademark Alpineapple. In addition, the mark Alpineapple is somewhat similar to the trademark Apple especially because Alpineapple contains the trademark Apple as such and Alpineapple may be understood as a combination of the words "Alpine" and "apple."

Apple trademarks of Apple Inc. are distinctive and especially possess strong distinctiveness in the fields of IT and technology due to their reputation. The relevant public consists of professional public such as architects and industrial designers who utilize computer-aided design. Even though the level of attention of such audience is higher than average, the relevant public may believe that goods and services labelled with Alpineapple originate from Apple Inc. Therefore, there exists a likelihood of confusion between the marks.

Protection conferred to Apple trademark with reputation

The trademark Apple has a reputation in Finland in the IT and technology fields. The Market Court assessed that the protection conferred Apple trademark with reputation forms an obstacle to the registration of mark Alpineapple also to the extent that the protection of the Apple trademarks does not cover similar services as the registration of mark Alpineapple, meaning mainly analysis and research services in the fields of biology and chemistry in trademark class 42.

The Market Court concluded that the reputation of the trademark Apple is so strong that it extends beyond the IT and technology fields. In addition, technology is widely applied in biology and chemistry sectors. Consequently, it is possible that experts in biology and chemistry associate the mark Alpineapple with the somewhat similar, distinctive and renowned trademark Apple. The use of the mark Alpineapple would without due cause take unfair advantage of the distinctive character and repute of the trademark Apple. Thus, the protection of the trademark Apple with reputation formed a comprehensive obstacle to the registration of the mark Alpineapple in Finland.