Apple’s Opposition Against Qinningmeng: Why Does Trademark Examination Always Have a Degree of Subjective Discretion?
(By You Yunting) Recently, a trademark opposition filed by Apple in the European Union has attracted widespread attention across the industry. The trademark at issue was applied for by a Chinese keyboard manufacturer, Yichun Qinningmeng Electronics Co., Ltd. (“Qinningmeng“). What makes this case interesting is that the two trademarks are not actually very similar, yet Apple won. In contrast, an Australian court rejected McDonald’s request for trademark invalidation of the “Big Jack” mark owned by Burger King’s local franchisee on the basis of its “Big Mac” product. Today, let’s discuss how subjective discretion in trademark examination affects similar trademark disputes.