European Judicial Bodies Command Apple to Reconsider Its Well-Known Catchphrase: "Think Different"
In a significant turn of events, the European Union's Court of Justice has officially rejected Apple's bid to hold onto its EU trademark for the slogan "Think Different." The court's decision comes after years of legal battles and appeals, with the most recent dismissal occurring in mid-2019.
The saga began in 2016 when Swatch, a Swiss watchmaker, applied to have Apple's trademark annulled, citing that Apple was not actively using the slogan. This claim was supported by the fact that the phrase "Think different" had not been used by Apple in relation to iPhones or MacBook Pros in recent years.
Apple's initial registration of the phrase as a trademark was in 1998 and 2005, shortly after it was first used in an ad campaign in 1997. However, regulators noted in 2018 that Apple's use of the slogan was limited to occasional blips on the Apple website for commemorating famous people or special events.
Despite these limitations, Apple argued that the slogan was distinctive and had been put to genuine use. However, the courts found otherwise, stating that Apple hadn't made significant use of the slogan for about a decade. The Court's announcement does not mention any recent genuine use of the "Think Different" trademark by Apple.
Apple's appeals against these decisions were also dismissed, first in early 2021 before the General Court of the EU, and then in a Swiss court in 2019. The iPhone did not exist in 2005, and it's unclear if Apple made substantial use of the slogan prior to that time.
Notably, Swatch was using the phrase "Tick Different" in its own marketing campaigns, leading many to speculate that the company may now use "Think Different" in its promotions. Any non-Apple company in the European Union now has the right to use the "Think Different" slogan.
Apple, known for hoarding trademarks, has not yet responded to a request for comment regarding the Court's decision. The phrase "Think different" may no longer be exclusive to Apple in the EU, marking a significant change in the tech giant's branding strategy. The phrase did not appear at Apple's recent annual developers' conference, WWDC, further indicating a potential shift in Apple's brand identity.
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