Federal Court: Swiss Post logo not worthy of protection

Swiss Post wanted to offer a whole range of goods and services under the ePostSelect trademark: They range from programs for electronic data processing devices, voice and data transmission to the rental of computer software and the design of websites.However, the Swiss Federal Institute of Intellectual Property, which is responsible for trademark registrations, rejected Swiss Post's application.

Assuming originality

The purpose of a trademark is to distinguish the goods and services of one company from those of other companies. Signs that are in the public domain are excluded from trademark protection. This is provided for in the Trademark Protection Act. The Swiss Post stated that the combination of the three elements "e", "Post" and "Select" was a neologism. It is combined with graphic elements, namely the bold marking of "Select" and the representation in the color black on a yellow background. All in all, this sign forms a "complex word/image combination". In the context of the goods and services, the combination is not merely descriptive or imposing. Anyone wishing to understand ePostSelect would have to make a "considerable effort of thought".

No protection for common goods

The Federal Supreme Court takes a different view. The combination "ePost" is "readily understood in the obvious sense as electronic mail". The services associated with e-mail are part of the public domain. Furthermore, according to the Federal Supreme Court, the word select is commonly used as an English adjective, in particular with the meaning of exquisite and exclusive, which is merely laudatory. However, according to the law, a trademark should go beyond an advertising message. Conclusion of the Federal Supreme Court: The sign submitted by Swiss Post is dominated by the word combination ePostSelect, which belongs to the public domain, and does not contain any original design elements. It can therefore not be registered as a trademark. Swiss Post will continue to use it without protection, as the media office explained on request. (SDA)