Tegometall International AG sought to register the sign TegoPort as a mark for, essentially, dividing walls in Switzerland. The Swiss IPO refused on the grounds that Port was a community near Biel/Bienne, and consumers would assume the goods bearing the sign would come from Port. Hence, the sign was deceptive for goods not originating from Switzerland (yes, Switzerland, they don't have to be from Port. Don't question the logic).

The Federal Administrative Court upheld on appeal. It reasoned that the community of Port  - 3,400 inhabitants - was not completely unknown, as it was in the vicinity of Biel (70,000 inhabitants, counting the 'burbs), had its own highway exit, and was near a recreational area. The court also found it important that Port had an industrial zone, amenable to production of the sort of goods for which the sign TegoPort was to be protected.

The decision comes as a bit of a surprise, since the Administrive Court had lately shown a willingness to correct the overly strict practice of the IPO regarding marks containing geographic indications. If you wonder, Port is really unkown in most of Switzerland - of the 20 or so attendants at our bi-weekly trademark practice group meeting, noone had ever heard of Port. It is also evident that other meanings, i.e., Port as "Port wine" or "place where ships harbour" are much more easily understood. It is exactly in these circumstances that the Administrative Court has corrected the IPO in the past (e.g., KALMAR, SAVANNAH, WINSTON and VICTORIA CUP decisions).

Decision B-1646/2013 of 4 November 2014 (summary, link to full text)