Our client, Apple Inc, has filed an application for the trademark “FORCE TOUCH” in classes 09 and 14, on March 02, 2015 under filing No. 165637.
During the publication of the trademark « FORCE TOUCH » No. 165637 in the official Gazette No. 2015/06 dated 26/03/2015, our client received a formal notification from the TMO stating that the Company SOGEFEL (A Moroccan Company), had filed an opposition against the registered trademark, on the basis of the national trademark “FORCE 7” No. 125714 which was registered on 08/10/2009, covering goods and services in class 09, 11 and 35.
Acting on behalf of our client, we filed a counter statements to the opposition based on the followings arguments:
• The differentiation criterion of the products designated by our client Apple Inc, which is well known company operating in telephone and computer field, while the registered products by the adverse party aimed at developing apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, photographic, Scientific, nautical, cinematographic etc..
• Dissimilarity between the two terms « FORCE TOUCH » and “FORCE 7”, in terms of pronunciation and general appearance,
• Due to the normal meaning of the term FORCE, it should not be considered as a distinctive element.
On these grounds, The TMO accepted our counter statements; a decision in favor of our client was issued, the opposition of the company SOGEFEL was rejected and our trademark application has been approved.