Australian iWatch mark could stop Apple

An Australian trademark for ‘iWatch’ has raised questions about Apple’s ability to register the same name for a rumoured new product.

The US company filed a patent application in February this year to protect a wristband that functions as an iPhone. Though a name for the product is unconfirmed, it is expected to be called the ‘iWatch’.

However, one trademark (approved in 2002) for ‘iWatch’ already exists in Australia; another is pending. Both marks relate to Class 9 goods, covering computer software and mobile phone accessories, with the pending application citing “personal computer work stations (electronic apparatus)”.

The applications have sparked speculation that Apple may have a trademark battle on its hands, similar to last year’s case that ended with the company paying an affiliate of Chinese technology company, Shenzhen Proview, $60 million for use of the name ‘iPad’.

Matthew Sammon, partner at Marks & Clerk LLP in Manchester, said that Apple has a number of options for operating an ‘iWatch’ trademark in Australia, if it wanted to.

He said that although Apple’s ‘iWatch’ trademark would be in the same class as the existing marks, those marks do not appear to protect watches – and there should not be a risk of confusion.

“Typically you don’t expect watch makers to also make computers,” Sammon said, adding that Apple could argue that the applied-for marks in Australia are not “sufficiently similar to give rise to the likelihood of confusion”.

He added that if the other ‘iWatch’ trademarks are not being used by the other parties, then they might be vulnerable to cancellation.

When WIPR contacted Apple for information about the watch’s development, Apple said that it does not “comment on rumours and speculation”.