Apple Inc v Arcadia Trading Ltd [2017] EWHC 440 (Ch), [2017] All ER (D) 109 (Mar)
The Chancery Division dismissed Apple Inc’s appeal (as an assignee) against a hearing officer’s dismissal of an application to register word: ‘IWATCH’ as trade mark in respect of goods in Class 9 of the Nice Agreement, on the ground that it lacked distinctive character. The court held that the hearing officer had not erred in his interpretation of Art 3(3) of the European Parliament and Council Directive (EC) 2008/95 and he had not made any error which would justify the court in overturning his decision.
