The trademark registration of the iconic slogan Think Different from Apple has been cancelled by the EUIPO. This 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, the EUIPO ruled that the application for revocation 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 the slogan Thick different of Swatch and Think Different of Apple. In that respect, this is probably an important victory for Swatch.