Facts
Sunlight AG was the owner of the trademark "Radion", which was first registered for detergents on April 6, 1935. With the entry dated March 13, 1987, the company Sunlight AG was changed to Lever AG. Rösch Waschmittel AG produces and sells various detergents in Switzerland, including one under the trademark "Radomat", which it registered as a word mark on July 8, 1987.
Lever AG took the view that the "Radomat" trademark was highly confusable with "Radion" and called on Rösch Waschmittel AG to stop using the mark. Rösch Waschmittel AG disagreed with this view. Thereupon, Lever AG filed a cease and desist and nullity action, which was upheld by the Commercial Court of the Canton of St. Gallen in a judgment dated April 6, 1993. Rösch Waschmittel AG appealed against this judgment, which was upheld by the Federal Supreme Court.
Considerations
The Federal Supreme Court concludes that there is no risk of confusion between the trademarks "Radion" and "Radomat". While the marks agree in the first syllable "Ra", the subsequent syllables "di" and "do" as well as the endings "on" and "mat" are clearly distinguishable. Even though both marks are three-syllable and are usually stressed on the first syllable, the commonality of the first three letters is not sufficient to assume series marks or…