“Think Different”: Revocation of the Apple trademark is confirmed

On 8 June 2022, the EU Court of Justice confirmed the EU trademark revocation of Think Different - as decided by the EUIPO.

This decision follows the dispute opposing Apple to Swatch. Swatch that also uses “Think Different “ as a slogan requested the revocation of the Think Different EUTMs before the EUIPO - alleging the lack of genuine use.

The EU Court of Justice held that Apple had not been using in a genuine way the slogan protected as EU trademark (for an uninterrupted period of five years - prior to the applications for revocation).

In this case, the evidence of use submitted by Apple were considered insufficient to prove genuine use on the grounds that “the word elements ‘think different’ do not appear on the labels affixed to the box packaging in a way which particularly draws the consumer’s attention “and that “numerous press articles noting the success of the advertising campaign entitled ‘THINK DIFFERENT’  « think different » …  predate the relevant period by over 10 years”.
This decision highlights the absolute need to use one’s trademarks in a genuine way and  to retain relevant evidence of use thereof.

We will be happy to provide any additional information in this regard.

Read the decision