Facts
On March 30, 2000, company A. SA obtained the registration of Swiss trademark no. b for medical care and medical-surgical emergency services. This trademark includes a figurative element similar to the emblem of the Red Cross, namely a red cross on a white background.
In 2008, the Swiss Red Cross invited A. SA to renounce the use of this emblem and to request the cancellation of the trademark. On July 3, 2012, the Swiss Red Cross filed a request with the Commercial Court of the Canton of Bern to prohibit the use of this figurative element and to declare the nullity of the trademark.
The Commercial Court granted the request of the Swiss Red Cross, declaring the nullity of trademark no. b and prohibiting A. SA from using the figurative element similar to the emblem of the Red Cross.
Considerations
The Federal Act concerning the Protection of the Emblem and Name of the Red Cross aims to prevent and repress the abusive use by third parties of the emblems and designations of the Red Cross. It prohibits the use of the red cross emblem on a white background, whether as a "protective sign" or as an "indicative sign", regardless of the purpose of the use and the products or services concerned.
The Swiss Red Cross, as the national society, has the exclusive right to use the red cross emblem. It is therefore entitled to take legal…