The General Court of the European Union (ECJ) has given the reason this Tuesday to Apple and has refused to register in the European Union trademark My Pad china Xioami when you consider that there is a risk that consumers will confuse with the brand of the american company iPad previously registered for goods and services identical or similar.
The court of first instance of the Union endorse the decision of Intellectual Property Office of the European Union (HOST), which in 2016, refused to register, as requested by Apple, the brand Mi Pad the chinese company specialized in products of mobile phone and electronics in the European Union, alleging their degree of similarity “important” among the signs of the two marks and the risk that consumers will think that My Pad was “a variant” of the mark of Apple.
In its judgment of Tuesday, against the appeal of cassation within a period of two months, the General Court european rejects the appeal of Xiomi against the decision of the HOST and denied the registration of his trademark in the EU on grounds of risk of confusion among the public, the visual plane by the “high” degree of similarity between the two marks as they only differ in a single letter supplemental to the beginning of My Pad and china-plays “in full” iPad, therefore, the differences are insufficient to prevent such a risk.
The european court also points to the degree “middle” of similarity between the two parts in the plane of phonics to consumers anglophone that, probably, will receive the prefix ‘my’ as the possessive adjective ‘my’ and the grade “high” in the case of the consumer non English speakers to pronounce the “i” in the same way, as well as the degree “middle” of similarity between the two parties on the conceptual level, since among the consumers anglophone “pad” means tablet.
For all these reasons, and taking into account that both marks are used on goods and services identical or similar, the General Court concludes that there is a risk that consumers will confuse the two marches and in fact believe that the chinese brand My Pad is a variant of the Apple and to benefit so wrongly of her.