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29 August 2013Trademarks

Apple applies for Australian trademark on ‘startup’

Apple has applied to trademark the term ‘startup’ in Australia.

Baker & McKenzie lodged the application on behalf of Apple on August 27. The application was made in classes 35, 37, 41 and 42, which cover goods and services including retail store services featuring computer hardware and software, technological consultancy services and consumer electronics.

Apple currently uses the word ‘startup’ to refer to the booting up of Mac computers.

Apple is also in the business of acquiring startup companies, most recently buying the Sweden-based software company AlgoTrim.

The examiner of the Australian application has since objected to the registration of the trademark on the grounds of a lack of distinctiveness, Miriam Stiel, a partner at Allens in Sydney, told WIPR.

“The word ‘startup’ is commonly used terminology for computer-related goods and services and should be available for other traders to use,” she said.

Apple has also applied for the ‘startup’ mark in the US and China – Stiel said there had been similar objections raised in some of the countries and territories Apple applied for the mark.

“The Australian examiner has also objected to registration of the trademark on the basis that Apple’s ‘startup’ mark is deceptively similar to two prior trademarks,” she added.

It is possible for Apple to overcome these objections, she said, however “without knowing the extent of Apple’s use of the ‘startup’ trademark or whether third parties will object to registration of the mark during the opposition phase, it is difficult to assess whether Apple is likely to achieve registration.”

She said that if Apple can persuade the examiner to withdraw any objections and accept its application, third parties may then oppose its registration.

“In Australia, the opposition period is two months and it commences from the date on which the ‘startup’ application is advertised in the  Official Journal,” she explained.

Baker & McKenzie declined to comment on the application.

Apple did not respond to a request to comment.

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