Trade mark law, case Sp. 202/12

September 11th, 2012, Tomasz Rychlicki

Apple, Inc. filed the request for invalidation of the right of protection for the word-figurative trade mark A.PL registered for goods and services in Class 9, 35 and 42 and owned by the Polish company Internet S.A. from Warszawa. The Polish company also provides an online grocery store under the domain name The main arguments presented by the U.S. company were based on confusing similarity between the sign A.PL and national and Community trade marks that are owned by Apple. Arguments based on the unfair use of the reputation were also raised.


The Adjudicative Board held the first hearing on 29 august 2012 case no. Sp. 202/12. However, due to the large volume of evidence supplied by Apple, the hearing was adjourned.