Woolworths' logo too close to ours, says Apple

Stephen Withers
Monday, 05 October 2009 10:11

Opinion and Analysis

Alongside the rebranding of its Safeway supermarkets as Woolworths stores, the retail giant adopted a new logo. But Apple thinks the stylised W is too similar to its own logo, and is opposing the trademark application.








Woolworths' recently introduced logo is a stylised W resembling a piece of fruit (echoing its "fresh food people" slogan).

But Apple thinks the new logo is too similar to the stylised apple design it has used in various forms and colours since the early days of the company.

Normally, this wouldn't be a problem. Trade marks are granted for specific categories of products and services, allowing Hyundai and Microsoft to use the same trade mark (Excel) for a car and a computer program.

But Woolworths is trying to register its logo as a trademark in Class 9 (among others), which includes "apparatus for recording, transmission or reproduction of sound or images.. .  calculating machines, data processing equipment and computers.. . computer devices and computer peripheral devices.. . [and] computer hardware and software".

Apple has products in all of those categories.

In fact, the Woolworths application covers a remarkably broad set of classes. Omissions include classes 13 (firearms etc), 34 (tobacco), 38 (telecommunications), 42 (scientific and technological services), 43 (hospitality), 44 (medical, veterinary and beauty services) and 45 (legal services).

Another issue is that Apple already uses its logo to identify its retail stores.

One question that may have to be addressed is whether or not it is the 'bite' out of the side of Apple's apple that makes its logo distinctive.

Apple's logo is also trademarked in a variety of classes, including class 42 which includes the retailing of computers.

One possible outcome is that Woolworths will agree not to use the logo on computers, handheld music and video players, and related products. It seems unlikely that Apple will be able to completely block the registration and use of the W trademark.