Refusal to register the trademark "MASTERPIECE" for financial services

Facts

In 1994, X. applied for the registration of the sign "MASTERPIECE" as a Swiss trademark for class 36 services (insurance, investment, finance, etc.). This application was rejected in 1996 by the Federal Institute of Intellectual Property, and then in 1998 by the Federal Intellectual Property Appeals Commission. X. then filed a new registration application in 1998, which was also rejected in 2001 by the Institute, and then in 2002 by the Appeals Commission.

X. then appealed to the Federal Tribunal against the decision of the Appeals Commission, concluding for the annulment of this decision and the registration of the "MASTERPIECE" trademark.

Considerations

The Federal Tribunal dismissed the appeal. It considered that the term "MASTERPIECE", understood by a non-negligible part of the Swiss public as meaning "masterpiece", constituted a qualitative designation belonging to the public domain and therefore could not be protected as a trademark under art. 2 let. a TmPA.

The Federal Tribunal also noted that the fact that the trademark had…