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Class 46 - for your European trade mark news
 

Now in its sixth year, Class 46  is dedicated to European trade mark law and practice.  This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
 
  MONDAY, 17 MAY 2010
Switzerland: this G wasn't stylish enough

The registration and protection as trade mark of single letters is a hot topic (see the AG's opinion on the "alpha for alcohol" appeal, on Class46 here).

Gillette sought to register the stylized "G" depicted left for a variety of goods, e.g. perfume, soap, and razors. The Swiss IPO refused, citing lack of distinctiveness.

The Swiss practice regarding registration of single letters and numbers is in principle very similar to the OHIM's practice, the Swiss IPO will refuse registration of unadorned single letters on the grounds that such letters are devoid of distinctiveness, but will register  letters or numbers if they are sufficiently stylised so that the overall graphic impression created is distinctive. The question for the practitioner is, of course, when is a letter stylized enough to pass the test?

Well, in this case, the letter failed the test. The Federal Administrative sided with the IPO and held that the styling of the letter was not very unusual or memorable, but rather a minor variation of a standard letter and the sign overall lacked distinctiveness (Gillette did not (yet) rely on acquired distinctiveness).

The case (PDF, German) is technically not final, it can be appealed to the Supreme Court.

Posted by: Mark Schweizer @ 18.31 
Tags: switzerland, absolute grounds for refusal,

 

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Birgit Clark
Edith Van den Eede
Fidel Porcuna
Frédéric Glaize
Gino Van Roeyen
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Mark Schweizer
Markku Tuominen
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The Class 46 archive


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Council of the European Union asks Commission for trade mark reforms
Appointment of President and senior posts at OHIM: it's official
Free speech : trade mark rights 6:0
Austria: opposition possible from 1 July 2010
Italian law amends Italian PDO/PGI system for wines.
Yearly Overview - Decisions of the Boards of Appeal - 2009
Finland: Supreme Court ends battle of margarine brands
General Court: MEMORY
To name a car - not so easy after all
Oréal v Bellure: strong criticism for the European Court of Justice
Lego win bestcheaplego.com domain name
Poland: protect your trade marks and brands or...
Spain - Do not mess with the city of Tarragona (unless the Municipality let you do it).
Switzerland: this G wasn't stylish enough
The Nokia Case: Poland makes its submission to the ECJ
Serbia's new GI law: some details
Poland: White Eagle cannot be a trade mark
Chestnuts, olive oil gain GI protection
Brand new: Innovation in a Changing World
New amending Regulation on wine sector designations
Russia: 2 first .рф websites are working!
"Breaking down doors": making in-house TM counsel's voice heard
Challenging Community designs: when a 3D mark can be vital
Hops, fowl and cake get GI protection
Finland: centralized IPR court one step closer
Spain – The Supreme Court clarifies on when to start a civil trade mark infringement case.
Protection of trade names under the Polish law
“α” for alcohol: the opinion of the Advocate General in OHIM v BORCO
USSR coat of arms "contrary to public policy", rules OHIM
Switzerland: prayers to Madonna didn't help
MARQUES Reloaded: register now!
MARQUES Amicus brief for OMEL/ONEL
UK: Gmail settlement reached
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