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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Panton chair shape registered in Switzerland
In February of this year the Swiss Federal Administrative Court held, in Case B-6050/2007, that the shape of the Panton chair could be registered as a trade mark. The shape of the Panton chair, created by Danish designer Verner Panton in 1967, was the subject of a trade mark application in respect of goods in Class 20 (furniture etc). The Federal Institute of Intellectual Property initially rejected the application, but the Swiss Federal Administrative Court reversed its decision. As to distinctiveness the court found that the chair's shape differed from customary or expected shapes and was thus distinctive. Also, while chairs are functional objects, the shape in question could not be said to be entirely derived from its function. This decision is now under appeal to the Swiss Federal Court [Source: Peter Heinrich (Staiger Schwald & Partner AG, Zurich), writing in World Trademark Report, 18 June].
Tags: Panton chair, Swiss trade marks,
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