The opponent argues that the figurative element of the contested sign also consists of an apple device with a detached leaf and a bite. However, the body of the figurative element consists of a circle (despite the missing part) and apples are not perfectly round. Furthermore, apples are not normally depicted in such a shape which is, in any case, more akin to an orange or other round-shaped fruits.

Therefore, while the Opposition Division agrees that the figurative element of the contested sign is likely to be perceived as depicting a fruit of some sort and that the detached oblong shape is therefore also likely to be perceived as depicting a leaf, in view of its round shape together with the relatively generic leaf shape, it will not be immediately associated with any fruit in particular but rather with a round-shaped fruit in general.

It follows from the above that, in the present case, the relevant public will perceive the contested application as a highly stylised round-shaped fruit bearing additional fanciful figurative elements. In particular, the triangular shapes, due to their arrangement, may be seen as segments. Furthermore, the square and rectangular figures in the lower part, again by virtue of their arrangement, may evoke a keyboard.

Given the immense reputation of the Opponent's Earlier Mark, it is hard to believe that the Applicant's intention was not, at the very least, to bring the Opponent's Apple Logo to mind in some way. More likely, the Application represents a deliberate attempt to take advantage of that reputation to offer identical and highly similar goods. As a result, the addressed public, when confronted with the Applicant's sign, will wrongly assume that the Application indicates a connection to Apple (i.e. that the Applicant is a supplier or manufacturer).

"Extensions allow you to access generative AI capabilities from installed apps on demand, through Apple Intelligence features such as Siri, Writing Tools, Image Playground and more," according to a message shown in test versions of the software.

Since the launch of Apple Intelligence, we have introduced dozens of features across many languages that are integrated across Apple's platforms, relevant to what users do every day, and built with privacy protections at every step. These include Visual Intelligence, Live Translation, Writing Tools, Genmoji, Clean Up and many more.

Apple has reached a settlement to resolve claims related to the availability of two additional features. We resolved this matter to stay focused on doing what we do best, delivering the most innovative products and services to our users.