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A WIPO panellist has refused to order the transfer of the domain name 'ergoline-service.ch' to JK-Holding, the owner of the ERGOLINE mark. Among other things, the panellist held that JK-Holding had forfeited its rights, if any, by waiting for eight years to file the complaint after becoming aware of the allegedly infringing use.
01 September 2014
The Federal Administrative Court has upheld a decision of the Federal Institute of Intellectual Property refusing to allow the registration of Janssen Pharmaceutica NV's international trademark FIRENZA in Class 5 on the ground that it could be deceptive. The court agreed with the institute that consumers could be misled into believing that the products originated from Italy, as the mark was similar to the name of the Italian city of Florence ('<I>Firenze</I>').
21 July 2014
The Federal Supreme Court has upheld an appeal by the Federal Institute of Intellectual Property against a decision of the Federal Administrative Court finding that the Swiss Post’s mark EPOSTSELECT was distinctive. Among other things, the Supreme Court held that the lower court had erred in taking into account the fact that consumers would associate existing products of the Swiss Post with the new EPOSTSELECT mark.
04 June 2014
In opposition proceedings against the device mark KOALA'S MARCH, the Federal Administrative Court has found that Nestlé Schöller had failed to prove the genuine use of its earlier KOALA mark. Among other things, the court held that the proven average annual revenue of €8,000 did not amount to "genuine" use for everyday consumer goods such as biscuits.
22 May 2014
The Swiss Federal Administrative Court has dismissed Parfums Christian Dior’s appeal against a decision of the Federal Institute of Intellectual Property in which the latter had refused, in part, to register a figurative trademark representing a surface pattern. The decision shows that the registration of patterns which have no original or fancy element is generally difficult.
26 March 2014
The Federal Administrative Court has upheld a decision of the Federal Institute of Intellectual Property in which the latter had admitted an opposition by the owner of the registered trademark PALLAS against the registration of the mark PALLAS SEMINARE (and device) for similar services. The fact that Pallas was the family name of the owner of the opposed mark was not found to be decisive.
20 March 2014
The Federal Administrative Court has held that there was no likelihood of confusion between Philips' mark AIR FLOSS for electric toothbrushes and the earlier mark AIR-FLOW, which covered instruments for polishing teeth aimed at dentists. The court found that the brochures, advertising material and invoices produced did not show the perception of the earlier mark AIR-FLOW by the relevant consumers.
27 January 2014
The Federal Administrative Court has upheld a decision of the Federal Institute of Intellectual Property rejecting an opposition by Merck - the owner of the mark CIZELLO for goods in Class 5 - against the registration of SCIELO in the same class. Among other things, the court held that the relevant consumers would seek to pronounce the marks in an Italian way and, as such, the marks were significantly different.
13 December 2013
The Federal Supreme Court has annulled a decision of the Commercial Court of Zurich in which the latter had rejected a lawsuit initiated by Migros, a leading Swiss retailer, against Mondaine Ltd, a Swiss watch manufacturer, and had enjoined Migros from using the sign M-WATCH for watches. The Supreme Court held that Mondaine's figurative mark M WATCH was null and void on the ground that Mondaine had not used the mark as registered.
22 November 2013
The Federal Supreme Court has upheld a decision of the Administrative Court in which the latter had found that the mark CE’REAL was descriptive of the claimed goods, including confectionery, chocolate and chocolate products. Among other things, the court held that consumers could not be expected to perceive the mark as consisting of two parts, and would understand it as meaning ‘cereal’.
14 November 2013
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