Apple Stops Abuse Of Process

It is rare for an abuse of process case to be heard before the UK IPO, but that is what has happened recently. In August 2024, the UK IPO's Tribunal upheld applications by Apple Inc ("Apple") to strike out invalidity actions against its 'iPhone' trade mark registrations on the basis that the actions amounted to an abuse of process.

This article explores the facts, issues and implications of this decision.

Background and Summary

Trade Mark	Registration No.	Registration Date	Classes
	UK00810975076	16 June 2020	9, 28, 38
	UK00906530406	4 February 2015	9, 16, 28, 35, 37, 38, 40, 41, 42

In September 2023, Mr Razvan Radu ("Applicant") applied to invalidate Apple's above trade mark registrations ("iPhone Marks") on the grounds that they lacked distinctive character and were descriptive. In response, Apple applied to strike out the invalidity actions on the basis that they amounted to an abuse of process.