Iwatch Not Registrable As A Trade Mark For A Wearable Computing Device

In a decision exploring the boundaries of 'descriptive', the English High Court has ruled that IWATCH is not registrable for computers, computer software and certain related goods.

Trade mark law prohibits the registration of marks which are descriptive of the goods or services for which the registration is sought, unless the applicant demonstrates that, as a result of the use made of it, the mark has acquired distinctive character.

Apple acquired a third party's application to register IWATCH; the application was rejected by the UK Intellectual Property Office (UKIPO) in respect of goods in Class 14 and opposed by Arcadia in respect of goods in class 9.

In the UKIPO, the Hearing Officer was satisfied as to the registrability of IWATCH for the following goods in Class 9: "Security devices; cameras; computer peripherals; radios; accessories, parts, components, and cases for all of the foregoing goods."