The Ministry of Economy published a decision in response to Apple's appeal regarding the refusal to register the Russian-language trademark "Yabloko" in Ukraine.
Points of attention
- The refusal of Apple's trademark application in Ukraine was due to its similarity to existing brands with the same name, despite Apple's claim of non-overlapping activities.
- Apple's proactive approach to trademark registration, even for ideas not intended for implementation, is aimed at preventing potential competition in the future.
- The delayed response to Apple's appeal sheds light on the complexities of trademark registration processes and the strategic importance of branding decisions for multinational corporations.
- Apple's attempt to register the 'Yabloko' trademark in Ukraine, despite its strong association with the 'Apple' brand, raises questions about the company's intentions and strategic planning.
- The case highlights the challenges companies like Apple face when expanding into new markets and the need to navigate local trademark regulations effectively.
Why Apple was not allowed to register the Russian-language trademark "Yabloko" in Ukraine
It is noted that Apple first tried to register the trademark "Yabloko" in Ukraine back in 2017, but was refused.
In 2021, the company filed an appeal against this decision, and the answer so far came only on September 25, 2024.
The company again refused to register the trademark "Yabloko" in Ukraine.
In the decision of the Appellate Chamber of the Ukrainian National Office of Intellectual Property and Innovation, it is noted that the "Yabloko" brand was already registered in Ukraine in 2004 and 2011.
First, it was a company from Crimea that sold vegetables and was no longer working at the time of the appeal, and then another entrepreneur, who, apparently, after registration, never started using its brand in practice.
Apple emphasized that the scope of activity of all trademarks does not overlap and will not confuse consumers.
However, according to the results of the appeal and expert opinions, Apple was again refused.
The Board of Appeal refers to the identity of the marks, as they sound and look practically the same, although each has its own typeface.
Why did Apple try to register a Russian-language trademark in Ukraine
Apple often registers and patents things it has no intention of implementing. This is done only to prevent competitors from using this or that idea in the future.
The company began to officially import its products to Ukraine only in 2021, when it opened a representative office. So why she had to register such a mark in 2017 is difficult to say. Now its devices are sold under the well-known "Apple" brand.
Even if it could get the registration of the "Apple" brand, it is literally impossible to imagine that it would start selling its devices with that name, sacrificing its recognition.
