The Swiss Supreme Court reversed a decision held by the Federal Administrative Court in the trademark Apple case involving jewelry and videogames. According to the Swiss Supreme Court, APPLE can be protected as a trademark for jewelry (cl. 14) and electronic toys including computer games (cl. 28). The court finds that APPLE is one of the most well-known brands in the world. Thus, the average…
Weitere 22 Artikel von Peter Schramm
In a recent case, the Swiss Federal Administrative Court was concerned with the question as to whether Apple’s non-registered common law trademark “THINK DIFFERENT” was to be considered a well-known trademark in Switzerland, thereby enabling Apple to oppose the younger trademark registration of “Tick different” by Swatch in Switzerland. Whilst the Court affirmed that Apple’s trademark was we…
Yet another trademark dispute has been taken to court by APPLE. This time, APPLE lodged a trademark opposition against the letter „j“ trademark of an Italian incorporation by the name „Steve Jobs“ in front of the Swiss Federal Administrative Court (FAC) (B-1176/2017 (FAC)).
After APPLE had failed to cancel the opposed trademark before the Institute for Intellectual Property (IPI), it app…Weiterlesen
The Swiss Federal Administrative Court finds that the increased scope of protection of a trademark achieved through use could also extend to an element of said trademark, which is originally in the public domain. Consequently, there may be a likelihood of confusion if a later trademark comes close to the element of the earlier one, which originally belonged to the public domain.
In its decision of 11 January 2019 the Cancellation Division of the European Union Intellectual Property Office (EUIPO) ruled to revoke McDonald’s European Union trademark for „BIG MAC“. The EUIPO came to the conclusion that McDonald’s had failed to demonstrate the genuine use in respect of the goods and services covered by the registration.
In 1996 McDonald’s filed the trademark „BIG MAC“ f…Weiterlesen
In its judgment of 3 October 2018 (T-313/17), the General Court of the EU ruled that an amphora-shaped receptacle may be registered as a three-dimensional trademark for edible oils and beverages. Average consumers are fully capable of perceiving the shape of the packaging as indication of the product’s origin, provided that that shape in question has sufficient characteristics to attract his at…Weiterlesen
Der englische Luxuswagen Hersteller Bentley Motors hat seinen Namen vor Bundesgericht erfolgreich verteidigt. In seinem vom 4. Juli 2018 hat das Bundesgericht die Löschung der in der Schweiz eingetragenen Marke «Bentley» für Uhren und Uhrenbestandteile verfügt, die bisher einer Schweizer Firma gehörte. Dabei hat das Bundesgericht wichtige Fragen betreffend den rechtserhaltenden Gebrauch von E…Weiterlesen