Swatch versus Apple: If you "Tick different" does that mean that you "THINK DIFFERENT"?
What happens when an application by SWATCH for the mark is opposed by Apple on the basis of its mark? In Singapore, the opposition was rejected. Kat friends Lau Kok Keng , Nicholas Lauw and Jiamin Leow collectively report on this recent decision. Swatch filed two applications to register the mark in Singapore in classes 9 and 14 respectively. Apple relied on its earlier mark and opposed these applications, Apple argued that Swatch�s mark should be refused registration as being confusingly similar, under s 8(2)(b) of the Singapore Trade Marks Act (�TMA�), to . Apple further argued that Swatch�s mark should be refused registration under s 8(4) of the TMA as it indicates a connection with Apple�s earlier well-known mark and thereby damages Apple�s interest. Apple further argued passing off of its mark 8(7) of the TMA), and that the applications had been filed in bad faith (s 7(6) of the TMA). All of these grounds were dismissed ...