Switzerland

Plain packaging is a trademark issue, not a tobacco issue – exclusive interview with JT International

Ronald van Tuijl of JT International explains to WTR the distinctive set of trademark challenges that his team faces, what he looks for when enlisting law firms, how plain packaging is affecting his practice, and more.

Plain packaging is a trademark issue, not a tobacco issue – exclusive interview with JT International
12 Mar 2019

Alibaba reaches settlement, new Hong Kong IP director, and Swiss IP office issues fakes warning: news digest

In our latest round-up, we look at the New Zealand IP office issuing a stark warning against misleading mislead invoices, $1.1 million worth of counterfeits stopped on Canada-US border, and much more.

21 Feb 2019

Why every trademark lawyer should spend time in-house: exclusive interview with Bacardi’s Anna Panka

While legal know-how is critical for law firm practitioners, an understanding of the corporate business environment should not be underestimated. That is the message conveyed by Anna Panka, senior counsel at Bacardi, in an exclusive interview with WTR.

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6 Feb 2019

Success for Richemont as court finds that fish mark does not offend religious feelings

In a victory for luxury goods company Richemont, the Swiss Federal Administrative Court has overturned a decision of the Federal Institute of Intellectual Property refusing to register a mark consisting of a fish design in Class 14. Read more

31 Jan 2019

How Novartis is building a consistent brand strategy across four business units

In an exclusive interview, Myrtha Hurtado Rivas from pharmaceutical giant Novartis reveals how changes to the company’s trademark strategy created more effective cross-unit cooperation. Read more

24 Jan 2019

How collaboration in the Swiss watch industry keeps brands one step ahead of infringers

Vincent Stauffer, trademark counsel at the Federation of the Swiss Watch Industry, speaks exclusively to WTR about his industry's fight against fakes and struggle to protect Swissness rights worldwide. Read more

8 Jan 2019

Protecting and enforcing design rights: Switzerland

Swiss design is characterised by its hybrid status – it is influenced by the German tradition of functionalism and the Italian radical design of the 1960s. Swiss design lies somewhere between ‘form follows function’ and ‘anything goes’ – it is functional yet rich; linear while unexpected; practical and refreshing. Read more

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Anti-counterfeiting

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11 Apr 2018

Customs concerns: counsel identify significant room for improvement in India, Iran and Turkey

Trademark counsel have had their say on the efficiency of customs authorities across the globe – with some of the largest importers of counterfeit goods giving cause for continued concern. Read more

13 Mar 2018

Procedures and strategies for pharmaceutical brands: Switzerland

Swiss law includes no specific provisions on international non-proprietary names (INNs). INNs are considered to be generic terms if they stand alone and thus cannot be registered as trademarks. Read more

Enforcement and litigation

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25 Sep 2018

Federal Administrative Court: no likelihood of confusion between IMPERIAL marks

The Swiss Federal Administrative Court has agreed with the Federal Institute of Intellectual Property that there was no likelihood of confusion between the marks IMPERIAL and TIERRA IMPERIAL in Class 33. Read more

29 Jun 2018

Positive ‘Swissness’ results, IACC and EURid partner up, and the first family of counterfeit hunting: news round-up

We look at a new law in China that could boost the fight against fakes, a comedian seeking over $100 million in infringement damages, a leaked email revealing “efforts to trademark Clean Meat”, and much more. Read more

26 Apr 2018

In-house perspectives on diversity in the trademark industry: “All of us in this field need to do more”

The theme of today’s World IP Day is ‘Powering change: Women in innovation and creativity’. In the first of a two-part piece, corporate trademark professionals reflect on the topic of the day. Read more

12 Apr 2018

United States slides, Germany continues to rule: counsel rate court systems across the globe

Despite being key litigation battlegrounds, counsel confidence in the court systems of China and the United States remains shaky.  Read more

Goverment/policy

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15 Oct 2018

Can beer that is not brewed in Lucerne be labelled as “beer from Lucerne”? The Supreme Court decides

The Swiss Supreme Court has held that beer sold under the name Lozärner beer (“beer from Lucerne”) would mislead the average consumer into believing that it was brewed in the city or canton of Lucerne. Read more

IP offices

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6 Apr 2018

Trademark offices prepare for the future as users give poor performance grades

The performance levels of the Chinese, Brazilian and Indian trademark offices have clear room for improvement but change could be afoot. Read more

Online

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13 Mar 2017

Federal Supreme Court: forum delicti requires specific proof of actual or imminent harmful act in relevant territory

The Federal Supreme Court has ruled that, for a court to have jurisdiction based on forum delicti, a harmful act must have actually taken place, or be imminent, in the territory of that court. As the claimant was unable to provide sufficient proof of an infringement within the relevant territory, its claim of trademark infringement and unfair competition was dismissed due to a lack of jurisdiction. Read more

Portfolio management

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13 Mar 2018

Facebook victorious on appeal: FACEBOOK and STRESSBOOK held to be similar

The Swiss Federal Administrative Court 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 marks FACEBOOK and STRESSBOOK. Read more

16 Jan 2018

ENJOY and JOY held to be similar

The Swiss Federal Administrative Court has overturned a decision by the Federal Institute of Intellectual Property, highlighting that graphical depictions with specific font types generally do not help to eliminate the similarity of signs if the verbal elements are similar. Read more

24 Apr 2017

No protection in Switzerland for obscene trademarks

The Swiss Administrative Court recently confirmed a Federal Institute of Intellectual Property decision denying protection to an obscene trademark, as it was considered contrary to morality. The decision highlights that the morality standard in Switzerland remains high, even though the court highlighted that the understanding has been relaxed in recent years. Read more

29 Mar 2017

Trademark procedures and strategies: Switzerland

The basic principles for trademark protection in Switzerland are contained in the Federal Act on the Protection of Trademarks and Indications of Source and the Trademark Protection Ordinance, both of which have been repeatedly revised. The legislation is largely in harmony with the former EU First Trademarks Directive (89/104/EEC); however, as Switzerland is not an EU member state, the EU trademark regime does not apply. Read more

Trademark law

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10 Sep 2018

Trademark procedures and strategies: Switzerland

Any natural or legal person can apply for trademark registration in Switzerland (restrictions apply to geographical marks). Foreign applicants must indicate a service address for use in Switzerland.  Read more

5 Jul 2018

Federer logo clash with Nike highlights contractual pitfalls for sports stars

This week the Wimbledon tennis tournament got underway, with media reports noting how reigning champion Roger Federer “stunned onlookers by turning out on Centre Court in Uniqlo gear”. The focus then turned to the absence of his often-used RF logo, which is caught up in an ownership wrangle. Read more

29 Jun 2018

Positive ‘Swissness’ results, IACC and EURid partner up, and the first family of counterfeit hunting: news round-up

We look at a new law in China that could boost the fight against fakes, a comedian seeking over $100 million in infringement damages, a leaked email revealing “efforts to trademark Clean Meat”, and much more. Read more

30 May 2018

Blow for Storck as sweets packaging is held to lack distinctiveness

In a decision which highlights its strict approach to packaging registration, the Swiss Federal Administrative Court has upheld the refusal of Storck's application for blue, white and grey packaging in Class 30. Read more

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