Region: Switzerland

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

12 April 2018

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.

11 April 2018

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

06 April 2018

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.

13 March 2018

Featured in Pharmaceutical Trademarks: A Global Guide 2018/2019

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.

13 March 2018

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.

16 January 2018

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.

24 April 2017

Featured in World Trademark Review Yearbook 2017/2018

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.

29 March 2017

Featured in World Trademark Review Yearbook 2019/2020

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.

29 March 2017

The Supreme Court has confirmed the decision of the Federal Administrative Court denying protection to Christian Louboutin’s red sole mark for ladies’ footwear in Class 25. Among other things, the Supreme Court found that a red sole, without any verbal elements, would not be recognised as a trademark but, rather, would be perceived as a decorative element.

24 March 2017