CLASS 46
Now in its twelfth 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.
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TUESDAY, 7 DECEMBER 2010
Switzerland: LOUIS BOSTON is not a geographic indication
Tags: switzerland, absolute grounds for refusal, geographic indication,
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Switzerland: LOUIS BOSTON is not a geographic indication
In a decision of 30 November 2010, the Federal Administrative Court corrected a decision by the Swiss IPO that refused the registration of the mark LOUIS BOSTON for fashion goods not originating from the US. The Administrative Court held that the first name LOUIS clearly indicated that BOSTON was to be understood as a last name and not an indication of geographic origin. In particular in connection with fashion goods, where personal names were often used as brands (the court points to "Helena Rubinstein", "Hugo Boss", "Giorgio Armani", and "Donna Karan"), the relevant consumers would understand the sign as a personal name.
German summary of the decision B-6222/2009 here.
Tags: switzerland, absolute grounds for refusal, geographic indication,
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