Credit Suisse Group opposed the above depicted trade mark by UniCredit (Suisse) Bank SA based on its older word mark CREDIT SUISSE (both marks registered for financial services). Both the Swiss IPO as well as the Federal Administrative Court found a likelihood of confusion, despite the inherent weakness of the common elements "Credit" and "Suisse", because these terms had acquired secondary meaning (Verkehrsdurchsetzung) as an indication of source (that CREDIT SUISSE is in addition an exceptionally well known mark in Switzerland played also a role).
The interesting part of the Administrative Court's decision concerns the issue whether Credit Suisse had forfeited its right to enforce its mark against UniCredit because it had tolerated the registration and use of the below depicted mark by UniCredit since at least 1999. The Administrative Court came to the unambiguous conclusion that acquiescence in the use of a similar sign is never an issue in opposition proceedings , since it would not affect the (sole) relevant issue of likelihood of confusion (sect. 7 of the decision). The far more prominent use of "Suisse" in the newer sign, which would probably also speak against acquiescence by way of tolerating the use of the older sign was therefore not addressed.
Link to summary of decision of 14 March 2011 (final).
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