Region: Switzerland

The Federal Supreme Court has ruled that, for a court to have jurisdiction based on <i>forum delicti</i>, 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.

13 March 2017

The Administrative Court has dismissed an appeal by CeramTec GmbH, a German manufacturer of high-performance ceramics, against a decision of the FIIP refusing protection to a 2D mark claiming the colour pink for prostheses in Class 10. Among other things, the court held that, although CeramTec had established that no other manufacturer of prostheses used the colour pink, the colour pink itself was not sufficient to render the mark distinctive.

15 February 2017

Featured in Trademark Litigation 2017: A Global Guide

Swiss trademark law is governed by the Federal Act on the Protection of Trademarks and Indications of Origin (the Trademark Protection Act, SR 232.11) and the Ordinance on the Protection of Trademarks (SR 232.111). By ‘indications of origin’, the Trademark Protection Act means geographical indications.

13 December 2016

Featured in Designs 2017: A Global Guide

Switzerland provides protection for designs of products (or parts of products) as characterised by the arrangement of lines, surfaces, contours, colours and materials used. Design protection requires registration, which can be obtained by applying for either a national design before the IPI or an international design under the Hague System (designating Switzerland).

24 November 2016

The Swiss Federal Administrative Court has overturned a decision of the Federal Institute of Intellectual Property which had affirmed an opposition from Campagnolo SPA based on its trademark CAMPAGNOLO (and design) against the trademark F.LLI CAMPAGNOLO, as the element CAMPAGNOLO was held to be descriptive.

05 October 2016

In a recent case the Swiss Federal Administrative Court has rejected an appeal brought by the French luxury shoe designer Christian Louboutin to register its iconic red sole feature as a position mark for high heels.

28 June 2016

The Federal Administrative Court has dismissed an appeal against a decision of the Federal Institute of Intellectual Property which partially refused to register a design trademark of Apple Inc showing a button form in a round circle.

28 April 2016

The Swiss Federal Supreme Court has held that INDIAN was an indication of origin for both motorcycles and clothing, but that INDIAN MOTORCYCLE was an indication of origin for motorcycles only, and not for clothing.

14 March 2016

The Swiss Federal Administrative Court has dismissed an appeal against a decision of the Federal Institute of Intellectual Property which refused to register the trademark HYDE PARK for Classes 12 and 28 of the Nice Classification as it was qualified as deceptive to consumers if the goods were not British.

01 March 2016

Featured in Designs 2016: A Global Guide

Design law in Switzerland is governed by the Federal Design Act (2001) and the Ordinance to the Federal Design Act, which contains subsidiary provisions regarding the application and registration procedure before the Swiss Institute of Intellectual Property.

14 December 2015