IF EUROPEAN UNION TRADE MARKS ARE NOT BEING USED FOR 5 CONSECUTIVE YEARS THEY WILL BE REVOKED DESPITE THE FACT OF BEING FAMOUS
A recent decision of the General Court of the European Union has declared the revocation due to lack of use of the famous trade mark of the North American company Apple Inc.:
THINK DIFFERENT
This slogan was the subject of a famous advertising campaign by Apple Inc. started in 1997.
In 2016, the Swiss company Swatch AG requested the revocation due to lack of use of Apple Inc.
Despite the fact that Apple Inc., during the proceedings, provided evidence that it continued to use the THINK DIFFERENT trade mark on some packaging, the Court considered this insufficient due to the fact that the phrase THINK DIFFERENT was represented next to the technical specifications of Apple Inc. products, and just below the barcode in a very small size, so it would not catch the attention of consumers and therefore it will be insufficient to be considered as indicative of the business origin of the goods.
This decision illustrates the great difficulty in protecting trade marks that were once well known but whose exploitation has ceased, making them vulnerable to revocation actions, even though they remain vivid in the minds of consumers.
This, however, does not prevent that the use by a third party of a famous trade mark that has expired due to non-use could be considered illegal under other rules such as unfair competition.
