Apple, the tech company, wants to trademark apple, the fruit
Switzerland is the stage for a strange trademark battle. The main characters are the Fruit Union Suisse, a 111-year-old fruit farmer's organization in Switzerland and Apple, the world's most valuable company. The problem—Apple wants intellectual property rights over apples, the fruit. And no, we aren't talking about the bitten apple that became synonymous with the company. Let's see what the issue is.
Why does this story matter?
Apple is no stranger to trademark lawsuits. According to Tech Transparency Project, between 2019 and 2021, Apple tried to enforce its IP rights over other companies more than Amazon, Google, Meta, and Microsoft combined. The company has also tried to trademark apple, the fruit, in other countries. The strategy to own IP rights over fruits speaks volumes about the global IP industry.
Apple filed for IP rights over black-and-white green apple
Apple's quest to trademark its namesake fruit in Switzerland dates back to 2017. It submitted an application before the Swiss Institute of Intellectual Property (IPI) for IP rights over a realistic, black-and-white depiction of an apple variety called Granny Smith, or green apple. The application covered a variety of use cases, including electronic, digital, and audiovisual consumer goods and hardware.
The Swiss authority partially granted Apple's request
The IPI granted Apple the rights to some goods it wanted. It cited a legal principle that considers generic images of common goods a part of the public domain. Against this decision, Apple filed an appeal in April this year. The new lawsuit covers those use cases for which IPI did not grant the trademark. This includes audiovisual footage.
Right over black-and-white image gives Apple the broadest possible protection
It is true that Apple is only asking for the rights over a black-and-white image of an apple. However, this would potentially give the company the broadest protection over the shape. If granted, it will be able to go after depictions of apples in different colors. Switzerland's apple growers and the Fruit Union Suisse are afraid this would happen.
Apple has a history of winning similar battles
The farmer's union in Switzerland might win a potential trademark battle against Apple if they can prove a history of prior usage of the disputed sign. However, Apple has a history of winning similar battles in countries like Japan, Turkey, Israel, and Armenia. If Apple wins, it would be a huge restriction on the usage of any depiction of apple in the country.
