Region: Switzerland

SWATCH versus ICEWATCH: enforcing and terminating trademark co-existence agreements

The Federal Supreme Court recently ruled on the appeal of Swatch Ltd, a leading Swiss watch and jewellery manufacturer, against the decision of the Berne Commercial Court to hold a trademark co-existence agreement between Swatch and TKS Ltd valid. The Supreme Court partially approved Swatch’s appeal and remanded the matter to the commercial court for reappraisal.

27 June 2012

Indirect (contributory) patent infringement: requirements for the precautionary taking of evidence

The Swiss Federal Supreme Court recently clarified the provisions of the new Code of Civil Procedure regarding interim measures in general, and the precautionary taking of evidence in particular. The importance of this decision lies in the clarification that general interim measures (including the precautionary taking of evidence) may be requested in patent infringement cases.

18 April 2012

AUS DER REGION. FÜR DIE REGION rejected: court sets formal opinion poll requirements

In a recent decision regarding a trademark registration filed for AUS DER REGION. FÜR DIE REGION, the Federal Administrative Court has confirmed and further developed its jurisprudence regarding the requirements for opinion polls that it laid down in the OKTOBERFEST-BIER case.

04 April 2012

Court assesses use of opinion poll in OKTOBERFEST-BIER case

The Swiss Federal Administrative Court recently ruled on an appeal by the Munich Breweries Association against a decision of the Federal Institute of Intellectual Property refusing to grant trademark protection for the term "OKTOBERFEST-BIER" with respect to beer in Class 32.

21 March 2012

Decoding the "Swissness" legislation: what constitutes "Swiss made"?

Swiss goods and services enjoy an excellent reputation worldwide for the values that they represent, such as quality, exclusiveness and reliability. This reputation, highly appreciated by customers, represents a clear competitive advantage as it enables the positioning of these goods and services in higher price brackets. However, a negative consequence is that the abuse of indications of source has increased in recent years.

30 November 2011

Supreme Court sings the praises of sound marks

Since July 2005 the Swiss Intellectual Property Office has refused to register sound marks. However, the Supreme Court recently reopened the door to such registrations by allowing August Storck KG to register a sound mark for chocolate.

16 September 2009

AFRI-COLA comes from Africa

In a recent case the Supreme Court upheld a previous judgment that the international trademark AFRI-COLA could not be registered for goods in International Classes 29 and 30 on the grounds that the mark was descriptive and deceptive for goods that did not come from Africa.

10 June 2009

Supreme Court considers Madrid Agreement versus Madrid Protocol

The Supreme Court has analysed and applied the differences between the Madrid Agreement and the Madrid Protocol. Although this is one of very few Supreme Court decisions interpreting the Madrid System, it was issued before Article 9<i>sexies</i> of the Madrid Protocol came into force in Switzerland, giving primacy to the protocol where the countries concerned are members of both conventions.

11 February 2009

Names of official institutions as trademarks: POST and SWISS ARMY

It is not unusual for government entities to commercialise products and provide specific services, or allow licensees to do so, while using the entities’ names as brands. In two recent cases the courts reached different conclusions regarding the trademarks used for such brands.

04 February 2009

A big year for Swiss IP legislation

This year has been a significant one for Swiss IP legislation, with five separate amendments to the Patent Act and four to the Copyright Act. Some changes were necessitated by the opening of the Federal Administrative Court at the beginning of 2007, while others serve to ratify and implement international agreements.

05 December 2007

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