The giant Apple has launched a trademark dispute against the solar company Genius Pay, or Gpay, a company with two employees. This is because they consider their name to be confused with Apple’s support service Genius Bar.
In his opposition to Genius Pays registration at PRV, Apple claims that “the use of Gpay’s brand would unduly benefit or impair the distinctive character of the product” and that “the only part of the brand that has distinctive character is the word Genius”.
However, the Authority does not agree with it but rejected Apple’s complaint, and, inter alia, justifies the following:
“In summary, PRV considers that there is only a low degree of brand equity. The Genius brand is not a distinctive feature of either Gpay’s or Apple’s brand. Since both brands only coincide with the brand Genius and the brands give significant separate associations through other brand names BAR and PAY, the PRV considers that the brands differ to such an extent that they are not confusing. ”
The Authority concludes with:
“The characteristic that Apple Inc. otherwise refers to differs even more from Gpay’s brand, which is why it does not hinder registration. In the light of the foregoing, the opposition must be rejected.