The law firm HAVEL & PARTNERS, representing Apple, has succeeded with an action against the decision of the President of the Industrial Property Office, who concluded that SWATCH’s slogan Tick different could not be confused with Apple’s slogan THINK DIFFERENT. However, the Municipal Court in Prague annulled that decision and ordered the Office to re-assess the whole matter.

Apple was represented in the litigation for the THINK DIFFERENT trademark by a team of specialists in intellectual property protection and administrative justice, namely partners František Korbel and Ivan Rámeš, counsel Kateřina Staňková, and senior associate Tereza Hrabáková.

The litigation concerned the similarity of Apple’s slogan with the Tick different slogan of the Swiss watch manufacturer SWATCH. The similarity of both trademarks was first assessed by the Industrial Property Office. It concluded that there was no likelihood of confusion, and that conclusion was then upheld in the appellate review by the President of the Office.

The decision of the President of the Office was subsequently challenged by Apple, represented by the law firm HAVEL & PARTNERS, at the Municipal Court in Prague. The action pointed out that the Office erred in its assessment of the similarity of the slogans and that the application for registration of SWATCH’s Tick different trademark was not filed in good faith, was interchangeable with Apple’s trademarks, and thus unlawfully benefited from the reputation of Apple as a company having the world’s most valuable trademark.

Based on the action brought by HAVEL & PARTNERS, the Municipal Court annulled the decision of the President of the Office, declaring it illegal. The Court took the view that the Office had insufficiently dealt with the assessment of the similarity of the conflicting trademarks. The Office should therefore re-examine the whole matter and make an overall assessment of the likelihood of confusion. The Court’s conclusions are binding on the Office.

By winning the dispute, HAVEL & PARTNERS has thus contributed to the protection of the Apple brand in the Czech Republic. The slogan THINK DIFFERENT has been associated with this company since 1997, when its founder Steve Jobs returned to the company.