Cypriot gaming company wins trademark battle against Apple

Cypriot indie gaming company Apella Games announced on Friday that it has won a major battle against tech giant Apple Inc., which tried to block the startup from registering its name and logo with the European Union Intellectual Property Office (EUIPO), claiming the mark was visually, phonetically, and conceptually similar to Apple’s.

In a decision issued on December 14, EUIPO upheld a ruling made earlier this year, which the Cyprus Mail reported on March 14, rejecting the American multinational’s claims that the public could confuse the two marks, including associating Apella Games with the Apple trademark.

Founded and headquartered in Cyprus in 2020, video game developer Apella Games filed a trademark application over two years ago, on March 17, 2021.

The company’s name is the English transliteration of the Greek word Apella, which was the people’s assembly in ancient Sparta. Its logo is round, with the letter ‘A’ in the middle, partly enclosed by an ancient warrior helmet and partly by a meander motif, which is closely associated with ancient Greece.

Apple’s objection, filed in June 2021, was rejected on February 21, prompting the company to appeal.

Apella’s legal team, led by Yanna Raevskaya, Head of Prospectacy Ltd’s legal department, argued that Apple did not prove how registration of the Apella Games mark would diminish its attractiveness or devalue its market image. It further submitted that upholding Apple’s position would essentially allow trademark owners to monopolize entire words, individual letters, or combinations.

In its arguments, Apella also included media references to the initial decision, which showed that the two were distinct and there was no conceivable scenario where consumers might misconstrue or correlate Apella with Apple.

EUIPO dismissed the appeal, stating that “… the initial overall impression created by the marks, also taking into account their visual differences, was not capable of creating a sufficient similarity, that would lead to a likelihood of confusion in the minds of professional consumers.”

“It is evident that the appeal was filed for the sole purpose of creating obstacles for Apella Games by monopolizing certain words and/or letters rather than fostering collaboration with smaller businesses. The difference in core business activities makes any potential confusion between the two brands highly unlikely and Apella poses no threat to Apple’s reputation and business. The Company remains committed to navigating the market with its distinctive mark, fostering innovation and contributing to the diversity of trademark,” Raevskaya said.

Apple Inc can challenge the decision before the General Court of the European Union within two months.