Apple has filed a notice of opposition before the Trademark Trial and Appeal Board regarding applicant Georgette LLC’s application for an apple-shaped mark (pictured) covering “purified drinking water; bottled water,” reports LawStreet.
The mark that Georgette has applied for consists of the wording “I AM Arcus” located inside a shaded apple with two shaded leaves above and a stylized flag sitting underneath the word “Arcus.” The trademark filing says it is for: “Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. – Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.”
Apple says it will be harmed if the applicant’s mark is registered because of dilution and the likelihood of consumer confusion, mistake, or deception. Apple contended that since 1977 it has “extensively promoted, marketed, advertised, distributed, and sold goods or services in connection with a family of trademarks consisting, in whole or in part, of the word APPLE or its graphic equivalent, the Apple logo.
Apple added that its Apple Marks are famous, distinctive and have garnered a high level of consumer recognition and goodwill. LawStreet says that, in particular, Apple contended that the applicant’s mark is likely to dilute the distinctive quality of its famous Apple Marks “by eroding customers’ exclusive identification of the Apple Marks with Apple, and by otherwise lessening the capacity of the Apple Marks to identify and distinguish the goods and services of Apple.”
