Facts
Unox S.r.l. is the owner of the internationally registered trademark No. 820 974 "UNOX" (fig.) with a base registration in Italy. The Swiss Federal Institute of Intellectual Property (IGE) refused to grant trademark protection in Switzerland, as the sign contains the abbreviation "UNO" which is protected under the Federal Act on the Protection of the Names and Emblems of the United Nations and Other Intergovernmental Organizations (NZSchG), and thus violates the NZSchG.
The trademark owner filed a complaint against the decision of the IGE. The Federal Administrative Court upheld the complaint and instructed the IGE to grant protection for the trademark in Switzerland. The IGE then filed a civil law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court overturned the decision of the Federal Administrative Court and refused to grant protection for the international trademark "UNOX" in Switzerland. It concluded that the letter sequence "UNO" in the trademark is perceived as a separate element and thus violates the prohibition on use under the NZSchG. Regardless of the overall impression of the sign or the creation of a risk of confusion, a violation of the NZSchG must be assumed.
The Federal Supreme Court stated that the NZSchG establishes an absolute prohibition on the use of the protected marks. It is irrelevant whether there is a risk of confusion or a mental association with the United Nations organization. The decisive factor is that the letter sequence "UNO" stands out…