Organisation: Swiss Federal Institute of Intellectual Property

The Federal Administrative Court has reversed a decision of the Swiss Federal Institute of Intellectual Property in which the latter had upheld an opposition by the owner of the earlier registered mark MAMABEL against the registration of the mark MAMARELLA for similar goods. According to the court, the fact that the earlier mark MAMABEL had only a weak distinctive character was decisive in this case.

12 November 2015

The Swiss Federal Administrative Court had held that there was no likelihood of confusion between Yves Saint Laurent’s registered monogram YSL and the figurative trademark SL SKINNY LOVE. Among other things, the court confirmed that, with regard to short signs and acronyms, changing, omitting or adding just one letter can result in a different overall impression.

03 September 2015

The Administrative Tribunal has overturned a decision of the Federal Institute of Intellectual Property in which the latter had found that there was no likelihood of confusion between the figurative mark DERMACLINIQUE and the word mark CLINIQUE. Among other things, the tribunal held that the protection of the mark CLINIQUE extended to the word element 'clinique' in the DERMACLINIQUE mark.

07 May 2015

The Federal Administrative Court has reversed a decision of the Federal Institute of Intellectual Property in which the latter had refused to register the trademark STRELA for non-Swiss goods on the grounds that the mountain Strela was an indirect geographical indication for the whole of Switzerland. The decision is good news for trademark owners, but there is still a long way to go before the Swiss practice on GIs is in line with international standards.

30 April 2015

The Administrative Court has upheld Japanese cigarette manufacturer Japan Tobacco Inc's opposition to the registration of the 3D mark FX BLUE STYLE EFFECTS, which contained the image of an eagle, for Class 34 goods, on the ground that there was a likelihood of confusion with Japan Tobacco's eagle device mark.

04 February 2015

The Supreme Court has upheld a decision of the Commercial Court of the Canton of Berne in which the latter had cancelled the registration for a logo that was similar to the Red Cross emblem. The decision confirms that, in principle, it is impossible to use or register a cross-shaped sign in a red (or similar) colour in any class.

23 October 2014

The Federal Supreme Court has upheld an appeal by the Federal Institute of Intellectual Property against a decision of the Federal Administrative Court finding that the Swiss Post’s mark EPOSTSELECT was distinctive. Among other things, the Supreme Court held that the lower court had erred in taking into account the fact that consumers would associate existing products of the Swiss Post with the new EPOSTSELECT mark.

04 June 2014

The Federal Administrative Court has upheld a decision of the Federal Institute of Intellectual Property in which the latter had admitted an opposition by the owner of the registered trademark PALLAS against the registration of the mark PALLAS SEMINARE (and device) for similar services. The fact that Pallas was the family name of the owner of the opposed mark was not found to be decisive.

20 March 2014

The Registrar of Trademarks has dismissed the Swiss Federal Institute of Intellectual Property’s oppositions against applications by 3 Suisses International, a French mail order company, to register the marks 3 SUISSES and 3 SUISSES COLLECTION. Among other things, the registrar dismissed the opponent’s argument that use of the marks was likely to mislead the public into believing that the designated goods and services were of Swiss origin.

11 February 2014

The Federal Administrative Court has considered the controversial issue of how, and to what extent, word and/or figurative components determine the overall impression of a trademark that contains both figurative and non-figurative elements. The court decided that the size in which the word element is presented in such a trademark is not relevant when determining the likelihood of confusion with another trademark.

23 January 2013