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 Court confirms the common property character and, with regard to the principle of equal treatment (Art. 8 BV), wrongly states that such a claim is exceptionally recognized according to Federal Supreme Court case law if there is a permanent unlawful practice of a law-applying authority and the authority indicates that it does not intend to deviate from this practice in the future. Alleged unequal treatment vis-à-vis itself (prior registrations) does not from the outset justify a claim for equal treatment in the event of injustice (judgment 4A_62/2012 of June 18, 2012 E. 3 with references).