Decision

Swatch AG (Swatch SA) (Swatch Ltd.) v. Hudson Watch, Inc., 2018 FC 853

Justice Roy - 2018-08-24

Read full decision. Automatically generated summary:

Swatch AG (Swatch SA) (Swatch Ltd.) [hereafter Swatch AG or the applicant] is appealing before this Court a decision of the Registrar of Trade-marks [Decision] pursuant to section 56 of the Trade-marks Act (R.S.C. (1985, c. T-13) [the Act]. ... This appeal is related to the decision of the Registrar of Trade-marks to allow the respondent’s opposition to the registration of the “iSWATCH” mark by Swatch AG. The respondent claims that the mark to be registered is confusing with its mark, “i watch”, which itself is registered in association with men’s and ladies’ wristwatches. ... In my opinion, the reasonable likelihood of confusion in using the iSWATCH mark is not present, any more than it was with regard to the SWATCH mark used in Canada since 1984. One is a continuation of the second. The SWATCH mark is well known in Canada. Given the reputation of the mark, adding the “i” will not really alter its acquired, or inherent, distinctiveness. As indicated above, Hudson cannot assume the right to claim confusion as soon as the letters W, A, T, C, H are in a mark where the product sold is a watch.

Decision relates to:

  • T-591-17 - SWATCH AG. c. 673367 ONTARIO LTD.

 

Canadian Intellectual Property