3D Trademark, Case law, Food, individual character, Lack of distinctiveness, National law, Registrability, Shape marks, Switzerland, Trademark, Weak elements in trademarks
HARD TIMES FOR 3D BRANDS ALSO IN SWITZERLAND: NO TRADEMARK PRO-TECTION FOR THE “KNOPPERS” PACKAGING
In a recent judgement, the Swiss Federal Administrative Court once again confirmed its (too) strict position with regard to the registration of shape marks. The court ruled that a three-dimensional mark consisting of the graphical background of a popular chocolate bar’s packaging could not be registered since the design was not perceived as an indication…