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ARTICLE · 25 JUNE 2019

Case note re: Apple Inc v Swatch AG [2019] ATMO 19 (8 February 2019)

Article discusses recent decision where Apple lost the case where it opposed extension of a trademark.

AustraliaIntellectual Property

Apple Inc. ("Apple") opposed the extension of protection to International Registrations designating Australia for SWATCH ONE MORE THING (IR no. 1261460/Australian application no. 1715688) and ONE MORE THING (IR no. 1261461/Australian application no. 1715689) in classes 9 and 14 in the name of Swatch AG ("Swatch"). Both oppositions were heard together.

The oppositions were based on sections 42(b), 58, 59, 60 and 62A. The main basis for the oppositions was Apple's alleged reputation in the phrase "ONE MORE THING" arising from the regular use of this phrase in keynote addresses by senior officers of the company from 1998 onwards, especially by Steve Jobs (until around 2011) when delivering his "Stevenotes". The phrase would typically be used before introducing a new product, service or feature, and would often also be shown on a slideshow behind Mr Jobs. The audience apparently came to anticipate and celebrate the use of the phrase. After Mr Jobs' death, the phrase was

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