The Court of the European Union (EU General Court) Wednesday released its judgement in Apple v EUIPO – Swatch, a court case that involved Swatch’s “Tick Different” slogan. The court said that Apple had no standing to appeal the European Union Intellectual Property Office’s (EUIPO) initial finding in favor of Swatch which said that Swatch did not infringe upon Apple’s trademark.
Apple originally sued Swatch over its “Tick Different” slogan. Apple claimed Swatch’s “Tick Different” slogan infringed upon on Apple’s “Think Different” slogan.
Apple needed to prove to the EUIPO that its trademarks “had been put to genuine use for the goods concerned during the period from 14 October 2011 to 13 October 2016.”
Apple argued the EUPIO’s Board of Appeal did not properly consider “the high level of attention of the relevant public when assessing whether the contested marks had been put to genuine use.” However the court found that Apple did not demonstrate that a higher level of attention by the Board of Appeal would entail that a “consumer would examine the packaging in any detail and that [they] would pay particular attention to the contested marks.”
The EU’s General Court states that Apple’s “argument is based on a misreading of the contested decisions” and that ‘Think Different’ was not denied any distinctive character by the Board of Appeal.”