The Swiss trade mark authorities have, in their continued quest to make themselves the laughing stock of trade mark law, ruled that the word mark IPHONE is not protectable in Switzerland. The relevant consumer would understand the "I" as abbreviation for "Internet" or "information". As a simple letter, the "I" is not protectable unless it has acquired distinctiveness.

In connection with "PHONE", the "I" therefore signifies a telephone that has Internet and/or information technology related features. The sign was descriptive not only for telephones, but also for computers, mp3-players, and software, because all these goods could process sound and have Internet-related features.

To persons familiar with the Swiss practice, the decision comes as no surprise. Just last week, the Federal Administrative Court has denied protection for i-Option for printers and scanners, using essentially the same reasoning. Also unsurprising is that Apple failed with its arguments that it should be treated equally, as there are many trade marks that are composed according to the pattern "i + generic English term" on the Swiss register, among them IDOCUMENT, IPROJECT, IDIARY, IFAST and I-SIGHT. However, the practice has changed, and the IPO is not barred from changing its practice.

Note that Apple has not, so far, claimed acquired distinctiveness.

Decision of 24 November 2009 (in German; not final - an appeal to the Federal Supreme Court is possible. Statistically, the Supreme Court has not once in the last ten years overruled the lower instances when they refused protection for a word mark).