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Switzerland: the Royal Savoy of... Savoy, France?
The Swiss IPO refused the above depicted application for business consulting, financial, insurance, transport, wellness, and event organization services based on the ground that the mark would create the misleading impression that the services originated from France. It admitted the application for hotel services based on "acquired secondary meaning" of SAVOY in this context.
The Federal Administrative Court corrects and allows the application for all services. SAVOY has acquired a secondary meaning as "luxurious, prestigious" which is not limited to hotel services. Consumers do not believe that services labelled with "SAVOY" actually originate in Savoy, France.
Decision B-358/2012 of 12 November 2012 (German summary, link to full text).
Posted by: Mark Schweizer @ 20.30Tags: Switzerland, absolute grounds for refusal, geographic indications,
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