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Switzerland: new examination procedure for three-dimensional trade marks
The Swiss Federal Institute of Intellectual Property (IGE) has changed its practice concerning three-dimensional trade marks. The new practice incorporates case law handed down by the Swiss Federal Courts since 1 July 2005.
The new practice covers, inter alia, the following points: two-dimensional elements have to be considered when assessing absolute grounds for refusal under Article 2 Lit. b Swiss Trade Marks Act (technical necessity, nature of the goods). In cases where "banal" packaging of goods is combined with two dimensional elements (ie word elements, pictorial elements) the two dimensional element has to "considerably influence" the overall impression of the mark in order for the application to be acceptable for registration.
The new practice came into force on 1 December 2007 and applies to all pending and new trade mark applications. Further details (in French, German and Italian) can be found on the IGE's website.
Tags: practice amendment, Swiss trade marks,



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