Intellectual Property

Argentine court allows the registration of the figurative mark of Apple Computer Inc. (design of an Apple) despite opposition from the wholesaler Diarco

The National Civil and Commercial Appeals Chamber affirmed the lower court’s ruling stating that the oppositions filed by Diarco, regarding the distinctive sign of the apple of Apple, were unfounded.

Diarco claimed that the trademark of the apple design was confusingly similar to its design used to distinguish services of class No. 35 (related to advertising, business management, business administration and office work).

The court held that the mere drawing of the apple is not reason enough to restrain the coexistence of signs when there are elements that have marked differences and that also are to be used associated with their respective denominative marks.

The court also considered that, by reaching the level of  well-known trademark, an important distinguishing factor is added, helping the buyer of the product or service to distinguish it from other products and removing the possibility of confusion. Thus, the attractive force provided by the “trademark notoriety" of Apple, puts a considerable distance and avoids confusion so that its eventual commercial concurrence does not affect the essential objectives of the regime established by trademark law.

The court also explained that since the business categories are completely different, one being the food category and the other being the category of computers and accessories, it is very unlikely that the trademark of Diarco be confused with the sign of Apple Computer Inc.

For further information on this topic please contact Pablo A. Palazzi