Switzerland

Distinctiveness, Likelihood of confusion, National marks, Opposition, Similarity of marks, Switzerland, Trademark

(MLL Meyerlustenberger Lachenal Froriep AG)/ /Leave a comment

The prince and his prince house – where he lived happily ever after  The Swiss Federal Administrative Court, as the appeal authority in opposition proceedings, supported the decision of the FIIP and ruled that there was a likelihood of confusion between the younger trademark “Prinzenhaus” (engl. prince house) and the earlier trademark “Prinz” (engl. prince)…

3D Trademark, Brand Protection, Distinctive Character, Distinctiveness, Registrability, Shape marks, Switzerland

(MLL Meyerlustenberger Lachenal Froriep AG)/ /Leave a comment

The Swiss Federal Tribunal has ruled that the shape of the Nespresso capsules is technically necessary and that Nestlé’s 3D trademark shall therefore be cancelled (decision 4A_61/2021 of 7 September 2021). The decision of the Swiss Federal Tribunal is a milestone in the trademark infringement proceedings initiated by Nestlé against Ethical Coffee Company (“ECC”), which…

Confusion, Switzerland

(MLL Meyerlustenberger Lachenal Froriep AG)/ /Leave a comment

The Swiss Federal Administrative Court (BVGer) had to decide the likelihood of confusion between CRUNCH, a trademark of the Société des produits Nestlé SA and TIFFANY CRUNCH N CREAM, a trademark of the International Foodstuffs Co. LLC (B-6222/2019). Nestlé had failed to cancel the opposed trademark before the Institute for Intellectual Property (IPI) and appealed…

Confusion, Distinctive Character, Distinctiveness, Figurative mark, Opposition, Reputation, Switzerland, Trademark

(MLL Meyerlustenberger Lachenal Froriep AG)/ /Leave a comment

Yet another trademark dispute has been taken to court by APPLE. This time, APPLE lodged a trademark opposition against the letter „j“ trademark of an Italian incorporation by the name „Steve Jobs“ in front of the Swiss Federal Administrative Court (FAC) (B-1176/2017 (FAC)). After APPLE had failed to cancel the opposed trademark before the Institute…

Case law, Switzerland

(MLL Meyerlustenberger Lachenal Froriep AG)/ /Leave a comment

The Federal Administrative Court finds that APPLE cannot be protected as a trade mark for jewelry (cl. 14) and electronical toys including computer games (cl. 28). The Court says that the shape of an apple is of common use and understood as a reference to a feature of those products. The Institute for Intellectual Property…

revocation, Switzerland, Trademark

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An administrative non-use revocation action has been available in Switzerland since January 1st, 2017. This action can be filed before the Swiss Trademark Office (IPI) against both National Swiss Trademark Registrations and Swiss designations of International Trademark Registrations. Earlier this year, the IPI published a first statistical report regarding the newly introduced procedure: 61 revocation…

3D Trademark, Case law, Food, individual character, Lack of distinctiveness, National law, Registrability, Shape marks, Switzerland, Trademark, Weak elements in trademarks

(MLL Meyerlustenberger Lachenal Froriep AG)/ /Leave a comment

In a recent judgement, the Swiss Federal Administrative Court once again confirmed its (too) strict position with regard to the registration of shape marks. The court ruled that a three-dimensional mark consisting of the graphical background of a popular chocolate bar’s packaging could not be registered since the design was not perceived as an indication…

3D Trademark, Distinctiveness, Registrability, Shape marks, Switzerland, Trademark

(MLL Meyerlustenberger Lachenal Froriep AG)/ /Leave a comment

Shape mark: form of a drinking bottle lacks distinctiveness in relation to perfumes A recent judgement of the Swiss Federal Administrative Court highlights the strict practice for the registration of shape marks. The court ruled that a 3D mark for perfumes cannot be entered in the trade mark register for perfumes in Class 3, since…

Case law, Confusion, Domain name, Figurative mark, Germany, Jurisdiction, Registrability, Sign used in the course of trade, Switzerland, Trade name, Trademark

(MLL Meyerlustenberger Lachenal Froriep AG)/ /Leave a comment

The German Football Association (DFB) owns the international mark “Deutscher Fussball-Bund” (with device) with basic registration in Germany (see image below), claiming protection for a wide variety of merchandise. The registration was notified to the Swiss Federal Institute of Intellectual Property in April 2014. The Swiss Federal Institute of Intellectual Property refused to protect the…

Case law, Evidence, Lack of distinctiveness, National marks, Registrability, Sign used in the course of trade, Switzerland, Trademark

(MLL Meyerlustenberger Lachenal Froriep AG)/ /Leave a comment

CeramTec GmbH is the owner of the color trade mark IR 1‘109‘076 claiming protection for a shade of pink (Pantone 677, see image). At the beginning of 2012, CeramTec applied for the extension of protection to Switzerland for said trade mark in connection with goods of class 10: “femoral head spheres, acetabular cup, all the…