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ARTICLE · 22 APRIL 2019

Being As Different As Apples And Pears

R. K. Dewan & Co
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Long long ago, someone artistically used "as different as Apples and Pears" while describing the difference between 2 things and the idiom has carried on since then.

IndiaIntellectual Property
R. K Dewan & Co
R. K Dewan & Co
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Long long ago, someone artistically used "as different as Apples and Pears" while describing the difference between 2 things and the idiom has carried on since then. Ironically, in 2015 Apple Inc., challenged the registration of the mark "Pear" at the Euproean Intellectual Property Office ("EUIPO") contending that the mark was similar to its famous 'bitten Apple' device. The 'Pear device' was applied for registration by Pear Technologies Ltd. in Classes 9, 35 and 42. Apple contended that the mark was figuratively and conceptually similar to its 'bitten Apple' device and the Opposition Division ruled in its favour.

To refuse an application due to the presence of an earlier mark, the IP offices consider various parameters such as:

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