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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
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Christian Tenkhoff
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Markku Tuominen
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Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
WEDNESDAY, 6 MARCH 2013
Germany: Did Apple take a bite, which may have been a bit too big to swallow ?

Readers may remember a post of this Class 46 member back in September 2011 (to be found here) referring to a trade mark dispute between Apple and a small cafe named "Apfelkind" located in the southern parts of Bonn, Germany.

Newspaper sources here in Germany, see e.g. "Spiegel online" or "Rhein-Sieg-Anzeiger" , now disclose that an amicable settlement of this conflict may have become more likely. Accordingly a Munich based attorney of the Cupertino giant came all the way up to Bonn for a personal meeting with the cafe owner and to get an impression of the cafe being the "apple of discord"...

According to the cafe owner, Mrs. Christin Römer, Apple now seems to intend to solve the situation amicably while being not too harsh with respect to demands for limitation of the list of goods and services covered by "Apfelkind". A proposal of Mrs. Römer, according to which she would withdraw some classes of her registration provided that Apple starts a larger project for children (or at least starts funding such a project), however, seems to be no longer part of the discussion. Rather an undertaking not to use the "Apfelkind" logo on covers, cases, holsters, covers, wraps, pouches etc. for smart phones or the like may be an acceptable way out of this conflict.

This conflict seems also to be of interest for non-German readers, as shows e.g. this French and Portuguese coverage. It remains to be seen, how and when this case finally is settled. Mrs. Römer, however, is hopeful to finally open her cafe, which she apparently kept close so far in order to avoid any further legal problems, still this year...

Posted by: Robert Börner @ 09.05
Tags: Germany, well known sign, risk of confusion,
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