CLASS 46
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TUESDAY, 3 APRIL 2012
Switzerland: Administrative Court confirms its strict view on likelihood of confusion
Tags: Switzerland, relative grounds for refusal,
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Switzerland: Administrative Court confirms its strict view on likelihood of confusion
This serves as a reminder to all applicants: if an opposition has been granted by the IPO against your application, do appeal to the Administrative Court - chances are the decision will be reversed (in about 40% of cases). The Administrative Court grants marks a limited scope of protection. If, on the other hand, you are an opponent and your opposition has been refused by the IPO, your chances of succeeding on appeal are very, very slim (I cannot remember a single case where the Administrative Court has granted an opposition that was initially refused).
Summary of decision of 9 March 2012 (in German, with link to full text).
Posted by: Mark Schweizer @ 10.08Tags: Switzerland, relative grounds for refusal,
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