Eventually the Board of Appeal has to compare the apples to the pears and, perhaps to the surprise of some, the Board judges that the pear logo is an infringement.
The key factor is the proven reputation of the apple logo which is very well-known. Furthermore, both logo’s are stylized pieces of fruit resulting in a great conceptual resemblance. The consumer will associate both logo’s, because of the acquired distinctiveness of the Apple logo. The latter is known for its high quality products, so Pear would profit from its reputation. Therefore, the trademark application is refused.
