On October 24, the European Trademark Office published two of Apple’s Figurative Trademark filings which relate to their iPhone under applications 006387088 and 006387203 respectfully. The trademarks were filed under International Classifications 9 (Electrical and scientific apparatus), 28 (Toys, games and electronic hand-held game units), 38 (Communication services), 41 (Education and entertainment services) and 42 (Scientific and technological services, research and design). Apple lists their US application 77303282 as their priority filing which was made on October 12, 2007.

A Figurative Trademark is defined in part as follows: “The standard of identifying the similarity between figurative trademarks is whether the suspected infringing trademark design may lead to confusion or mistaking for the registered trademark of the public. The figurative comparison refers to the aspects of configuration and design of the drawing.” For more on figurative trademarks click here. The two figurative designs that Apple is seeking trademark protection for are noted below. One is in color while the other is clearly in Black & White.

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Written and researched by Neo.

Note: The European trademark office referred to in this report is officially known as the Office for Harmonization in the Internal Market .