APPLE vs. PLUSH APPLE

Decision of the Board of Appeal of the Latvian Patent Office in the Opposition case against the international trademark registration No. WO 1182538 “PLUSH APPLE” (fig.).
 
On April 24, 2015 the Board of Appeal of the Latvian Patent Office examined the opposition filed against the international trademark registration No. WO 1182538 "PLUSH APPLE" of the British Virgin Islands company HERMON MARKETING LIMITED. PETERSONA PATENTS represented the opponent – Apple Inc. in this opposition matter. The opposition was based on confusing similarity of the contested trademark “PLUSH APPLE” (reg. No. WO 1182538) to the earlier European Community trademark registrations - “APPLE” (verb.) (CTM No. 009783978) and graphic trademark (CTM Nr. 009784299). Besides, the opposition was also based on well-knowness of the verbal and graphic trademarks “Apple” in Latvia and reputation in the European Community.
 
Having reviewed the case on the merits and taking into account the arguments and evidence filed in this matter, the Board of Appeal decided to fully satisfy the opposition and invalidated the international trademark registration No. WO 1182538 "PLUSH APPLE" in Latvia with respect to all goods in Class 28 for which this trademark was registered.

 

APPLE PLUSH APPLE
CTM No. 009783978 Reg. No. WO 1182538
CTM No. 009784299