Well-known mark
It comes down to the strength of a world-famous brand. Under trademark law, well-known marks enjoy broad protection. The owner of such a mark does not even have to prove that there is a likelihood of confusion with another mark. To establish trademark infringement, it is enough to show that the public will establish a link between the marks and that the (unknown) mark takes unfair advantage of the repute of the well-known mark.
Link
In the proceedings brought by Apple against the registration of the Chinese logo, EUIPO ruled on May 5 that consumers, despite the fact that the logos barely resemble each other, would still establish a link between the two marks. At least, insofar as the mark is used for products such as tablets, smartphones and computers. For those products, the Chinese company’s registration will therefore not proceed.
Limits
Still, the protection enjoyed by the world-famous Apple logo also has its limits. The Chinese company had applied for its logo not only for tablets, but also for solar panels. That product differs so much from the products for which the Apple logo is known — smartphones, tablets and computers — that consumers seeing the Chinese logo on a solar panel will not establish a link with the Apple mark. So the European registration for solar panels can simply go ahead. I can see the logic in that.
Bas Kist
