Apple Watch could hit a trademark roadblock in Switzerland

Apple could face difficulties launching the forthcoming Apple Watch in Switzerland after it was revealed that a company there owns a trademark for the word ‘Apple’ covering watches.

The Apple Watch is set to go on sale in nine countries—Australia, Canada, China, France, Germany, Hong Kong, Japan, the UK and the US—on April 24.

A date for its release in Switzerland has not yet been confirmed, although according to Apple’s website it will be available there this year.

But a trademark registered by watch maker Leonard Timepieces could slow down its release.

Registered on December 5, 1985 at Switzerland’s intellectual property office, the Federal Institute of Intellectual Property, the mark, registered in class 14, covers precious metals including watches and clocks.

It shows an apple cut in half with the word ‘Apple’ across the centre.

The trademark is due to expire on December 5 this year.

Details of the trademark came to light after Swiss broadcaster Radio Télévision Suisse published a document from the trade magazine Business Montres & Joaillerie, which outlined information about the mark.

But Apple may still succeed in releasing the watch before the trademark’s expiration date.

Writing on the Marques Class 46 blog, Mark Schweizer, an associate at law firm Meyerlustenberger Lachenal, said: “Firstly, it does not appear that there is any injunction so far. Secondly, it appears highly doubtful that the 1985 registration for ‘Apple’ in class 14 has been used in commerce in the last five years.

“If not, the mark is liable for cancellation for non-use,” he added.

The story has created confusion over the difference between patents and trademarks.

News publication Reuters described it as a “patent issue” in its headline for the story, with others including CNet and eWeek following suit.

Leonard Timepieces and Apple did not respond to a request to comment.