Summary
Apple has been prohibited from launching its new Watch in Switzerland, as scheduled for April 24, 2015, owing to an existing trademark issue. The trademark, registered in 1986 by William Longe for Leonard watches, covers the use of the name and logo 'Apple' in Class 14, which includes watches. As the Apple Watch features both the name and logo, launching in Switzerland would amount to trademark infringement. The restriction also extends to advertising within the country. Despite the ban, consumers can purchase the Apple Watch from neighbouring European countries.
Apple was barred from launching its new Watch in Switzerland on the scheduled date of April 24, 2015, due to an intellectual property dispute. The company cannot use the image of an apple or the word “Apple” to market its product in Switzerland because of a trademark registered in 1985.
The Conflicting Trademark
The trademark belongs to William Longe, who owns the watch brand Leonard. Longe first filed the trademark application with the Swiss Federal Institute of Intellectual Property on December 5, 1985; the trademark was approved and registered on February 28, 1986, incorporating an image of an apple. The protection of the trademark was due to expire on December 5, 2015. The trademark application was filed under international class 14, which covers:
Precious metals and their alloys and goods in these materials or coated therewith, not included in other classes; jewellery, precious stones; clocks and timepieces.
Conflict with the Apple Watch
The trademark owned by Longe falls within the class covering watches and carries both the name “Apple” and an image of an apple. The Apple Watch similarly carries the name Apple and displays an Apple logo, making a launch in Switzerland without violating the trademark impracticable. Apple was also prevented from broadcasting any advertising using the name and logo within the territory.
Broader Context
Swiss watchmakers have sought to protect their market from competition from Apple. The Swiss business directory notes that the activity of Leonard Timepieces SA is described as “Leasing of intellectual property and similar products, except copyrighted works,” indicating that the company may not itself be manufacturing watches under an Apple brand. Consumers wishing to purchase the Apple Watch remained able to do so from neighbouring countries such as Germany and France.
Disclaimer
This article is for general information and does not constitute legal advice. Readers should consult a qualified attorney before acting on any matter discussed here.