THURSDAY, 14 JANUARY 2010
Switzerland: registration in bad faith no argument in opposition proceedings
Swiss watch manufacturer Golay Spierer SA sought to register its name Golay Spierer as a trade mark. It faced an opposition based on an older trade mark GOLAY. Golay Spierer argued that this was a "defensive" mark, registered without intent to use merely to block its registration of Golay Spierer.
The Federal Administrative Court ruled that this argument cannot be heard in opposition proceedings. Abuse of right was an absolute ground for refusal. The argument was to be heard only before a civil court, in civil proceedings on the merits.
The opposition was subsequently admitted and the trade mark Golay Spierer revoked.
Decision of 6 December 2009 (in French).
Posted by: Mark Schweizer @ 20.20
Tags: Switzerland, opposition,