The Swiss trademark application no. 63209/2015 had been rejected by the IPI already back in December 2016. The rejection had been upheld by the FAC with decision of 30 July 2018, and the Supreme Court now finally approved the rejection with decision of 3 January 2018. This is the logo for which protection had been sought for:
Admittedly, the problem with that sign is not all too obvious. It is a perfect reminder that quite a lot of abbreviations just cannot be trademarked because they are protected by the Federal Act on the Protection of the Names of the Organisations of the United Nations and other international organisations.
Frankly, the decision is not out of the ordinary, from a Swiss perspective. What surprised me, however, is that the very same abbreviation had been trademarked all around the world, in many variations; see the Global Brand Database.
Other offices apparently take a less strict approach.
Reported by Martin WILMING
Panel of Judges:
- Dr. Christina KISS
- Dr. Kathrin KLETT
Dr. Fabienne HOHL
Dr. Martha NIQUILLE
Marie-Chantal MAY CANELLAS
- Christian STÄHLE
Representative(s) of Advanced Digital Broadcast S.A.:
- Patrick DEGEN (Schluep¦Degen)
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