In a second instance decision by Beijing High People’s Court, Apple Company’s APPSTORE trademark filings on communication service, has been finally approved, rejecting the decision made by the Trademark Review and Adjudication Board (TRAB) under the State Administration of Industry and Commerce (SAIC) that it was similar with the already registered“appit”trademark.

Disgruntled Apple seek reverse to the TRAB, claiming that the APPSTORE has gained high level popularity and reputation after long-time propaganda and commercialization, it was not similar with the reference mark, the two marks couldn’t cause confusion among the public. Meanwhile, APPSTORE has been approved as trademark on other Class. As a result, it should be approved.

However, TRAB denied Apple’s filings. Then, Apple brought the case to the court. In the first-instance decision, the court revokes TRAB’s decision.

TRAB appealed to the Beijing High People’s Court.

The court held that the trademark in question consists of regular English letters, however, the appit trademark consists of transformative and framed letter, the two marks are distinctive in pronunciation, visual effect, and couldn’t cause confusion among the consumers. Meanwhile, based on the materials delivered by Apple Company, APPSTORE has indeed gained popularity and reputation. So, the court held that no similarity is constituted.

(By Zhang Ling)

(Source: CHINA REPORT INTELLECTUAL PROPERTY)