The power of a broad trademark registration: Apple’s battle over Vision Pro

Apple is best known for the iPhone, iPad and MacBook.

Apple also heavily invested on the Vision Pro — an advanced VR headset known for its built-in 3D camera. The trademark has been registered as:

So, when a similar trademark for similar services enters the market, it can be frustrating. frequently has to defend its rights against potential infringers. This case is no exception. A Spanish applicant filed for the EU word mark VISION PRO. However, the application did not cover Apple’s products, but rather the following services:

Business support, management and administrative services; promotional, marketing and advertising services.

Apple filed an opposition based on likelihood of confusion: the words are identical and only the Apple logo differs. Fortunately, Apple Vision Pro had registered the trademark for a broad description of products and services, and included services similar too the services of the application of the Spanish applicant. In addition, Apple invoked the reputation of its mark as a backup.

The European trademarks office (EUIPO) sided with Apple, stating that the marks are similar visually, phonetically, and conceptually. The addition of the Apple logo to Apple’s figurative mark was deemed to have limited impact. The signs were found to be more than moderately similar in both appearance and sound. According to the EUIPO, the overall similarity between the marks is sufficient to create a likelihood of confusion—especially in light of the overlap in services offered by both parties.

This case highlights the importance of not only carefully considering your trademark name, but also the specific goods and services for which the trademark is registered. After all, that choice determines the scope of your trademark protection. A well-thought-out trademark strategy can make all the difference.

Author: Matthias Van Den Broek

Bio: Matthias van den Broek is a trademark attorney and specialist in advising in online brand protection and domain name disputes. His client portfolio includes well-known names in the financial sector, ranging from crypto startups to market makers. Matthias enjoys writing about current intellectual property issues, with an affinity for design law.