Apple has filed an opposition against an application for the trademark "Prepear", which uses a pear logo, for a meal-prep app. While brands have a legal right to protect their trademarks from confusion or dilution, overreaching can damage their reputation. An alternative is first approaching the other party amicably. In this case, Apple's opposition pits it against a small business that cannot match its resources. Some argue Apple risks being seen as a "trademark bully" for opposing what seems an unlikely source of confusion over its apple logo and brand.

1. 1
Apple has filed an opposition against an application with a pear as logo for app, Prepear.
Brand Strategy – A Fine Line Exists Between
Enforcement of Trademark Rights & Overreaching
A brand is legally entitled to police and protect its trademarks, with the right to oppose a mark
if it feels threatened, or if the mark is similar or identical. It is key to research the opposing
business and mark and whether the mark is going to effect your brand. To evaluate the realistic
outcomes when pursuing to oppose a trademark application. At the same time, reflect whether
if not taking action will put your brand at risk to succeeding applications from third parties. An
alternative is an amicable first approach to avoid potential damage to the brand’s reputation. A
less brand-damaging way that can further the positive reputation and image of the brand.
An interesting situation was when a Stranger Things themed pop-up bar received a cease-and-
desist letter from Netflix, owner of the Stranger Things trademark, in 2017. Netflix understood
that the bar was not going to be detrimental to the brand, despite a trademark infringement. The
Upside Down in Chicago was allowed to stay open until their scheduled end date in September.
A different direction is Apple Inc’s recent opposition with the US Patent and Trademark Office
(USPTO) in August 2020, opposing a trademark registration with an image of a pear, for a
meal-prep app Prepear. Apple’s opposition is based on the legal theories of likelihood of
consumer confusion and brand dilution by blurring. The owners of Prepear, small business
Super Health Kids based in Utah, can never outspend Apple in this legal battle. The opposition
to the mark is a classic David & Goliath story.
Is Apple a trademark bully, or just doing what a billion-dollar business must do to police its
trademarks? Will it be worth it from a PR perspective to be labelled a trademark bully?
Does Apple Really Need All the Fruit?
Published on September 10, 2020
Leonard Neno Milenkovic, LL.M European IP Law