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Opposition proceeding regarding iWork trademark application by Apple
By Estudio Chaloupka
American tech giant Apple applied for the trademark registration of iWork before the Argentine National Institute of Industrial Property (INPI), to cover goods of Class 9 of Nice Classification, mainly audiovisual and information technology equipments.iWork is an office suite of applications created by Apple for its macOS and iOS operating systems, and also available cross-platform through the iCloud website.
An Argentine businessman filed an opposition proceeding based on its earlier registered trademark Work, arguing that there was likelihood of confusion with iWord.
INPI considered that the element work dominated the overall impression of the trademarks involved and that the phonetic, conceptual and visual similarities between the signs were sufficient to confirm any likelihood of confusion between consumers.
“The plaintiff's undeniable track record and prestige is therefore irrelevant in this case because the discussion is not about the differentiating ability of Apple or its products,” part of the ruling states.
Estudio Chaloupka
Estudio Chaloupka Industrial Property is a professional firm specialized in Intellectual Property, existing as of more than 50 years (under different names), with a staff of professionals with a high level of technical and legal expertise in trademarks, patents, models and industrial designs, copyright, software, licensing, domain names and litigation.
The firm provides its clients - pertaining to the fields of pharmaceuticals, chemicals including agrochemicals, banking, luxury goods, equipment and supplies for the oil industry, footwear, garments, food and drinks, hotels- with a complete range of intellectual property services not only in Argentina but also throughout the world.
Our professional team is committed to providing clients with high quality services, tailored to their particular needs, allowing them to achieve their professional and business goals.
