The Capsule Saga Comes to an End – Swiss Federal Tribunal Denies Trademark Protection to Nespresso Capsules

The Swiss Federal Tribunal has ruled that the shape of the Nespresso capsules is technically necessary and that Nestlé’s 3D trademark shall therefore be cancelled (decision 4A_61/2021 of 7 September 2021).


More News | Trademarks & Designs

The Swiss Federal Supreme Court affirms interest in bringing an action for annulment with respect to a Central Attack under the Madrid System

In its decision 4A_97/2020 of August 5, 2020, the Swiss Federal Supreme Court addressed the question of whether the interest in bringing an action for annulment concerning a basic trademark can be affirmed due to the legal consequences inherent to an approval of such claims under the institute of the so-called Central Attack.

National and international trademark application
On November 15, 2…

Brexit – What to Do to Preserve EU and International Registration Trademark Rights in the UK

30 June 2020 was the last day that the UK could have requested an extension to the Brexit transition period under the October 2019 Withdrawal Agreement. The deadline passed without event. This means that from 1 January 2021, among other things, EU trademarks and International Registrations designating the EU will cease to provide protection in the UK. There will also be changes for holders of oth…

CJEU Delivers Decision in Sky v. Skykick | Trademark owners still get a (sky)kick out of broad specifications

The much-anticipated Court of Justice of the European Union (CJEU) decision in C-371/18 Sky v. SkyKick was delivered on 29 January 2020. While a source of relief to trademark owners enabling them to continue to file broad specifications on the one hand without having to fear US style sanctions, the decision raises questions as to the practical implications in respect of bad faith being grounds …

Federal Administrative Court affirms likelihood of confusion between the trademarks “WORLD ECONOMIC FORUM” and “ZURICH ECONOMIC FORUM”

The Federal Administrative Court considered in a recent opposition proceeding that the registration of the trademark “ZURICH ECONOMIC FORUM” for the organisation and execution of conferences has to be revoked, due to likelihood of confusion with the earlier trademark “WORLD ECONOMIC FORUM”. The key factor in this assessment, which differed from that of the Institute of Intellectual Property (IP…

Apple ige fruit supreme court

The Swiss Supreme Court doesn’t think of “an apple” when it comes to computer games and jewelry

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 c…


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MLL is one of the leading law firms in Switzerland with offices in Zurich, Geneva, Zug , Lausanne, London and Madrid. We specialise in representing and advising clients at the intersection of high-tech, IP-rich and regulated industries.

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