Jun 10, 2022Share
Apple's bid to overturn a decision by the European Union was dismissed by the court of justice of the European Union. The "Think Different" trademark remains revoked as the court rejected the appeal made by Apple over Swatch's "Tick Different" slogan stating that the objections are based on "misreading" of the ruling." The General Court dismisses the actions brought by Apple against the decisions of EUIPO revoking the word, sign THINK DIFFERENT," said the court.
Swatch and Apple always accused each other of infringing trademarks. They have gone through multiple court cases relating to the infringement of the trademark. Swatch was sued by Apple in April 2017 for the similarity between Swatch's "Tick Different" line and Apple's "Think Different'' trademark.
Switzerland's Federal court ruled that the slogan "Think Different" is not well known in the region. Apple stated that the original ruling was flawed. The European Union dismissed Apple's claims after Apple failed to prove that at least 50% of the Swiss people could associate the slogan "Think Different" with Apple.
Swatch won a similar case over the phrase "one more thing" in 2015. The phrase was already known to be associated with steve jobs.
Apple got trademark registration under the EU for the word sign "Think Different" in 1997, 1998, and 2005. Since Apple was not using the trademark "Think Different" uninterruptedly for five years, Swatch took advantage of it and filed three applications for the revocation of the contested mark in 2016.
Apple also complained that the Board of Appeal failed to recognize the sales figures of iMac computers in the European Union which were submitted in the witness statement of match 23rd 2017. But the sales figures only show the net worldwide sales for the year 2009,2010,2013 and 2015 and does not provide any details for the sales figures of the Imac in the European Union.
The court stated that the evidence of genuine use submitted by Apple with EUIPO has many press articles showing the success of the advertisement campaign with the title “Think Different” in 1997 which is the time of its launch. But that evidence predates the relevant period by over 10 years.
Tags :Think DifferentTick DifferentAppleTrademark renewalTrademark registrationTrademark issueTrademark litigation
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