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 […]