Apple objects to German cafe trademark

Apple thought - or meanwhile claimed - that the Woolworth's logo was too similar to its own. Since Woolworths application included use of the trademark in Class 9 it's not hard to see why Apple objected.

Now the Apple is taking on a much smaller business - there's a privately owned cafe in Bonn, Germany called Apfelkind, which has applied to register a trademark consisting of a picture of an apple with a child's silhouetted face:

Apple has reportedly taken exception, suggesting the similarity between the two logos could confuse consumers. Then, yes - trademarks have to be defended, and 'confusion' is the basis for allegations of trademark infringement.

Apple's lawyers used Mr Justice Foster's "a moron in a hurry" test when arguing that the at the time Apple Computer logo couldn't be confused with that of Apple Corps, however they don't seem to apply it when they come across other companies' trademarks that include an apple element.

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