Radio suisse romande can have its name protected as a word mark
Radio Suisse Romande can have its name registered as a word mark. The Federal Administrative Court has overturned a decision by the Swiss Federal Institute of Intellectual Property (IGE) and ordered the entry into the trademark register.
Radio suisse romande can have its name protected as a word mark. The Federal Administrative Court has overturned a decision by the Swiss Federal Institute of Intellectual Property (IPI) and ordered registration in the trademark register, as reported by SDA on Thursday.
In 2006, the Société suisse de radiodiffusion et télévision (SSR) applied to the IPI for registration of "Radio suisse romande" in the Swiss trade mark register, inter alia for the services radio broadcasts and productions. The IPI refused registration in these categories, as "Radio suisse romande" was a purely descriptive term that should also be available to other users as a sign of the public domain. The Federal Administrative Court has now upheld SSR's appeal and ordered registration.
According to the judges in Bern, it is true that "Radio suisse romande"
is descriptive. However, there is no absolute need to keep the name as a whole free. The name has established itself with the public as a designation for public radio, which has been widespread in French-speaking Switzerland for around fifty years.
In 2006, the Société suisse de radiodiffusion et télévision (SSR) applied to the IPI for registration of "Radio suisse romande" in the Swiss trade mark register, inter alia for the services radio broadcasts and productions. The IPI refused registration in these categories, as "Radio suisse romande" was a purely descriptive term that should also be available to other users as a sign of the public domain. The Federal Administrative Court has now upheld SSR's appeal and ordered registration.
According to the judges in Bern, it is true that "Radio suisse romande"
is descriptive. However, there is no absolute need to keep the name as a whole free. The name has established itself with the public as a designation for public radio, which has been widespread in French-speaking Switzerland for around fifty years.
