Category: Trademarks
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Registering a sneaker as a trademark: decorative element and distinctive feature
On December 4, 2025, the Federal Administrative Court, in its ruling B-447/2025, upheld the refusal to register a position mark affixed to the side of a sneaker, as shown below: According to the Court, the graphic element in question was merely a decorative element commonly used in the industry and therefore lacked inherent distinctiveness. I
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Recommended in trademark law: 2026 edition of WTR1000 (World Trademark Review)
I am delighted to have been recommended alongside my partner Anne-Virginie La Spada in the 2026 edition of the WTR1000 (World Trademark Review 1000), the global reference guide to the best trademark lawyers. This international distinction recognizes our expertise in trademark law, intellectual property, and intangible asset protection strategy, as well as our support for
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IP requirements and scope of protection: speaker at INGRES Zurich IP Retreat
I am very pleased to have been invited this year by my colleagues Michael Ritscher and Christoph Gasser to attend the conference organized by INGRES known as the “Zurich IP Retreat,” which is held every two years and brings together a number of international practitioners and academics in the field of intellectual property. This year,
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The EU General Court rules on the concept of “advertising services” in the Airbnb case (T-1032/23)
On May 21, 2025, the EU General Court handed down an interesting ruling on the notion of “advertising services” as a basis for validating the use of a trademark in class 35. I. Facts II. Decision The EU General Court dismissed Airbnb’s appeal on the basis of the following considerations: III. Comments This ruling is
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Trademark Law and proof of use: burden of proof
On April 3, 2025, the Supreme Court had the opportunity to remind a litigant slightly unfamiliar with trademark law that it was not sufficient to allege non-use in a civil action, but that it was also necessary to make it plausible. In the absence of any evidence whatsoever, the party against whom non-use of the
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Registering a Pattern as a Trademark in Switzerland: Practical Lessons from the Federal Supreme Court’s Ruling
On March 27, 2025 the Swiss Federal Supreme Court issued a major ruling in trademark law regarding the possibility—or rather, the impossibility—of registering a graphic pattern as a trademark in Switzerland. This decision is particularly relevant for businesses in the design, fashion, and textile sectors, as well as intellectual property law professionals. I. Facts The