Organisation: Swiss Federal Institute of Intellectual Property

The Swiss Federal Administrative Court has confirmed the refusal to register the trademark MYPHOTOBOOK for bookbinding services in Class 40. Among other things, the court held that the average Swiss consumer of bookbinding services - with a reasonable knowledge of the English language - could easily recognise MYPHOTOBOOK as indicating a book for collecting photos.

15 January 2013

In two recent decisions, the Swiss Federal Institute of Intellectual Property has clarified its practice regarding the prefixes 'san' and 'sana', which are commonly used in the pharmaceutical industry. The institute held that 'sana' was descriptive for health-related goods and services, but that ‘san’ was not. This practice stands in contrast to the case law of the Federal Administrative Court.

27 September 2012

The Swiss Federal Administrative Court has held that the tagline '<i>Ein Stück Schweiz</i>' ('A piece of Switzerland') was highly laudatory and, therefore, could not be protected as a trademark. Among other things, the court found that the tagline would be understood as referring to a product that was part of Swiss cuisine, tradition, agriculture and eating habits.

02 August 2012

The Federal Administrative Court has rejected an appeal against a decision of the Federal Institute of Intellectual Property in which the latter had upheld an opposition by the owner of the earlier registered mark HOFER against the registration of the figurative mark HÖFER FAMILY OFFICE. In doing so, the court rejected the appellant’s argument that it was against the Swiss Constitution to ignore the regulations on personal names in opposition proceedings.

20 March 2012