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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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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
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Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
THURSDAY, 6 JUNE 2013
Switzerland: why was this mark refused protection?

The applicant sought to register the above depicted sign for pharmaceuticals for the treatment of ulcers in class 5. The mark does not comprise a verbal element and was filed with the colour claim "blue (Pantone Process Blue), red (Pantone 1915)".

Riddle me this: why was the application refused both by the Swiss IPO and on appeal by the Federal Administrative Court? (a further appeal to the Supreme Court is technically possible)

The first to send me the correct answer to mark.schweizer@gmail.com will be treated to a drink of his or her choice at the MARQUES  Annual Conference in Monte Carlo this September. In any case, the riddle will be solved on this blog on Monday.

PS: no, I don't worry about spam bots picking up my email - Google's spam filter is that good. 


Posted by: Mark Schweizer @ 21.36
Tags: Switzerland, absolute grounds of refusal,
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Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA3246
Reader Comments: 1
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Submitted By: Pedro Malaquias
07 June 2013 @ 12.22
Please tell me it has nothing to do with the crescent...

MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


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