Swatch AG (Swatch SA) v Apple Inc.

Apple Inc applied to register the trade mark IWATCH in classes 9 and 14 under the Trade Marks Act 194 of 1993. Swatch AG, the proprietor of the registered trade mark SWATCH in class 14, opposed the applications on the basis that IWATCH was confusingly or deceptively similar to SWATCH and therefore not registrable. The opposition relied on sections 10(12), 10(14) and 10(17) of the Act. The Registrar of Trade Marks referred the matter to the Gauteng Division of the High Court, Pretoria, which dismissed the opposition. Swatch appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs.

The case is an important South African authority on trade mark comparison and the treatment of descriptive elements in marks. It reinforces that common descriptive words attract limited protection and that likelihood of confusion must be assessed holistically, focusing on the overall impression of the marks rather than brand reputation. It also clarifies the limited relevance of alleged families of marks in opposition proceedings.