June 2013 Apple Company has filed an application for word trademark «iWatch» registration. April 2015 Rospatent made a decision on the refusal stating that the claimed designation is confusingly similar to international trademarks registered in respect of similar goods of Classes 09 and 14 of the Nice Classification. August 2015 the applicant filed an objection with the Chamber for Patent Disputes which has expressed its disagreement with this decision.
Arguments come to the fact that the applicant is well-known company that produced a number of innovative high-tech products («iPhone», «iPad», «iPod», «iMac»), which are widely known and have already entered into the life of a large number of Russian consumers identifying these applicant’s products by prefix «i» in its name, executed in lowercase, followed by the appropriate word beginning with a capital letter. In view of this the claimed designation, which individualized manufactured by the applicant clock with the function of high-tech portable electronic device («iWatch») is associated exclusively with the applicant and the product suite.
Based on this fact the applicant noted that the claimed designation and opposed marks are not similar as they differ in the font performance and letters composition, and its semantic value, as claimed designation is fantasied word, which is based on the word «watch», but at the heart of opposed marks is an entirely different word - «swatch», reproducing a trade name’s distinctive part of the rightsholder’s marks (Swatch AG company).
College of the Chamber of Patent Disputes, having studied the case materials, concluded to meet the objection, cancel the decision of Rospatent and register the trademark «iWatch».