The trademark registration of the iconic slogan ‘Think different’ by Apple has been cancelled by the EUIPO. The European trademark office came to this decision after a cancellation action filed by Swatch AG. The ground for decision was the non-use of this trademark by Apple.
Apple did file a defense and submitted evidence of the use of this mark. The EUIPO concluded that the slogan was once used intensively. However, the evidence did not show use in the last five years, the relevant period in which proof of use must be demonstrated by Apple. Therefore, it ruled that the application for invalidity is upheld. With this decision, Apple loses an iconic trademark.
Swatch and Apple have been arguing for some time now. First in relation to Apple’s iWatch and now legal procedures are pending concerning Swatch’ slogan ‘Tick different’ and ‘Think different’ by Apple. An important victory for Swatch.
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