Apple could face difficulties launching the forthcoming
Apple Watch in Switzerland after it was revealed that
a company there owns a trademark for the word
‘Apple’ covering watches.
The Apple Watch is set to go on sale in nine countries
—Australia, Canada, China, France, Germany, Hong
Kong, Japan, the UK and the US—on April 24.
A date for its release in Switzerland has not yet been confirmed,
although according to Apple’s website it will be available there this year.
But a trademark registered by watch maker Leonard Timepieces could
slow down its release.
Registered on December 5, 1985 at Switzerland’s intellectual property
office, the Federal Institute of Intellectual Property, the mark, registered
in class 14, covers precious metals including watches and clocks.
It shows an apple cut in half with the word ‘Apple’ across the centre.
The trademark is due to expire on December 5 this year.
Details of the trademark came to light after Swiss broadcaster Radio
Télévision Suisse published a document from the trade magazine
Business Montres & Joaillerie, which outlined information about the mark.
But Apple may still succeed in releasing the watch before the trademark’s
expiration date.
Writing on the Marques Class 46 blog, Mark Schweizer, an associate at law
firm Meyerlustenberger Lachenal, said: “Firstly, it does not appear that there
is any injunction so far. Secondly, it appears highly doubtful that the 1985
registration for ‘Apple’ in class 14 has been used in commerce in the last five years.
“If not, the mark is liable for cancellation for non-use,” he added.
The story has created confusion over the difference between patents
and trademarks.
News publication Reuters described it as a “patent issue” in its headline
for the story, with others including CNet and eWeek following suit.
Leonard Timepieces and Apple did not respond to a request to comment.
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Apple Watch; Apple; Leonard Timepieces; Federal Institute of
Intellectual Property; trademark