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10. September 2015

Swiss Federal Administrative Court: TEUTONIA refers to a German origin of the claimed products

The Swiss Federal Institute of Intellectual Property (IPI) rejected a trademark application TEUTONIA unless a disclaimer “all the claimed products made in Germany” would be adopted, as the trademark refers to a German origin of the products.

Excluded from trade mark protection are misleading signs (Art. 2 lit. c of the Federal Act on the Protection of Trade Marks and Indications of Source, Trade Mark Protection Act, TmPA). The Federal Administrative Court rejected the applicant’s appeal: Although the term TEUTONIA is originally Latin, it will be understood by the average consumer as reference to Germany. Accordingly, a trademark is only registerable with a geographic disclaimer.

Decision B-3117-2014 of Federal Administrative Court dated 21 August 2015