Swatch prevails over Apple in ‘Different’ trademark dispute

Apple has failed to convince Singapore’s IP office that Swatch’s applied-for trademark ‘Tick different’ is confusingly similar to its registration for ‘Think different’.

The Intellectual Property Office of Singapore (IPOS) shared news of the decision today, August 21, after its Hearings and Mediation Department made the ruling on August 14.

Apple’s mark, which was registered in Singapore in 1999, covers goods in class 9 and was used on the packaging of its iMac computers alongside the trademark ‘Macintosh’.

The company coined the slogan ‘Think different’ in a marketing campaign in 1997, in tribute to important historical and contemporary figures, including Mahatma Gandhi.

Years later, in 2015, Swatch applied to trademark ‘Tick different’ in classes 9 and 14. However, it has not used the mark.

Apple opposed the mark on two grounds: likelihood of confusion and bad-faith filing. On the confusion point, the company argued the marks are visually and aurally similar, while they both convey the same concept of being different from the crowd.

But the IPOS rejected the company’s arguments and dismissed its opposition.

The office said the marks are more dissimilar than similar and also expressed reservations about the similarity of the respective goods in classes 9 and 14. According to the office, even if the marks were marginally similar, there would be no reasonable likelihood of confusion anyway.

Apple had also argued that Swatch’s application was designed to ride on Apple’s goodwill and reputation, but this was also rejected. The IPOS said there would be no benefit in doing this given that the marks are dissimilar, adding that Apple’s claims to ‘Think different’ are not inconsistent with Swatch claiming rights to ‘Tick different’.

Swatch’s application can now proceed to registration, the IPOS concluded.

The decision comes shortly after another high-profile brand failed in a trademark opposition in Singapore.

In July, the IPOS dismissed an opposition by Adidas against an application by Taiwan-based Lutong Enterprise for a figurative mark. It comprises an inverted triangle consisting of three lines and a circle in the top left corner.