Facts
Bayern Tourismus Marketing GmbH is the owner of the international trademark registration No. 828 232 "GIPFELTREFFEN" with Germany as the country of origin. It applied for extension of protection to Switzerland for numerous goods and services.
The Swiss Federal Institute of Intellectual Property (IGE) granted partial protection to the mark, but rejected it for the following Class 41 services: "organisation and arrangement of assemblies, conferences; organisation of cultural events; organisation of events in the field of health (care) and fitness (physical condition)". The IGE justified this by stating that the term "GIPFELTREFFEN" is directly descriptive for these services and therefore lacks the required distinctiveness.
Bayern Tourismus Marketing GmbH filed a complaint against this partial refusal of protection. The Federal Administrative Court partially upheld the complaint and overturned the IGE's decision insofar as protection of the mark was denied for "organisation of cultural events; organisation of events in the field of health (care) and fitness (physical condition)". However, it confirmed the rejection of trademark protection for "organisation and arrangement of assemblies, conferences".
Considerations
The Federal Supreme Court confirmed the decision of the Federal Administrative Court. It stated that the sign "GIPFELTREFFEN" has a directly descriptive character in connection with the services "organisation and arrangement of assemblies, conferences" and is therefore to be considered as…