Trademark law: No trademark protection for the Alpstein sign for dairy products
July 10, 2024 Alpstein needs to be kept free, as other producers of dairy products could possibly set up in the region.
Trademark law – Partial lack of distinctiveness – World Economic Forum (Federal Supreme Court)
The sign WORLD ECONOMIC FORUM is descriptive for catering services for guests – No violation of the principle of equal treatment. For catering services, the sign WORLD ECONOMIC FORUM is descriptive, as it “directly designates the place of performance or framework in which restaurant services (…) are offered” (FAC of 07.11.2023 (B-3392/2023). The Federal Supreme […]
Trademark law: SHELBY – prima facie evidence of non-use (Federal Administrative Court)
February 27, 2024 The requirements for establishing prima facie evidence of non-use of a trademark challenged on the basis of a cancellation request must not be set too strictly. “In view of the complexity of proving a negative and the fact that Art. 35 b para. 1 MSchG only requires prima facie evidence of non-use, […]
Trademark law: risk of confusion (Federal Administrative Court)
January 31, 2024 The term FOCUS is not descriptive of beverages. There is a likelihood of confusion between the two marks FOCUS and “FOCO (fig.)” claimed for beverages due to the “clear similarities” at the level of the typeface and the sound of the word. The term FOCUS is not descriptive for beverages.
Trademark law: Abusive trademark registration (Federal Supreme Court)
January 26, 2024 The absence of an intention to use at the time of application leads to the invalidity of the registered trademark. “Based on the basic legal rule that the party who derives rights from a fact must prove it (ZGB 8), the party who invokes this ground for nullity generally bears the burden […]
Trademark law: Likelihood of confusion with figurative marks (Federal Administrative Court)
January 4, 2024 Consistency of two figurative marks in the form of expression and similar sign style leads to a likelihood of confusion in the overall impression The following figurative marks faced each other: Opposition mark Contested trademark The Federal Administrative Court came to the conclusion that the two marks are confusingly similar for similar […]
Trademark law and UWG: Rolex and customization (Federal Supreme Court)
January 19, 2024 Own use and the principle of exhaustion If a provider provides adaptation or customization services exclusively in relation to watches entrusted to it by customers, this does not constitute a trademark infringement or an interference with protected competition (UWG). According to the Federal Supreme Court, however, there may be an infringement if […]
Likelihood of confusion under unfair competition law -Glubschi (Federal Supreme Court)
The existence of a likelihood of confusion under unfair competition law pursuant to Art. 3 para. 1 lit. d UCA presupposes that the imitated object of the dispute has a distinctive character. In the context of plush toys with “Glubschaugen”, customers do not understand “the obvious” indication “Glubschi” as a reference to a specific company, […]
Trademark law -No relevance of the “doubtful case rule” – True Depth (Federal Supreme Court)
The rule according to which a trademark must be registered in case of doubt only applies within the scope of the IPI registration procedure. The rule that a trademark must be registered in case of doubt only applies in the IPI registration procedure. It serves the IPI during registration, but loses its relevance in the […]