Facts
The Appenzeller Käse GmbH (plaintiff) is a self-help organization for the promotion of quality and sales, as well as the adaptation of agricultural production to the requirements of the market. It is the owner of the word/figurative trademark "Appenzeller® Switzerland", which its legal predecessor, the Canton of Appenzell I.Rh., had registered in the Swiss trademark register on December 7, 1993.
On February 26, 1996, Appenzeller Natural AG (defendant) deposited the word/figurative trademark "Appenzeller Natural" with a farmhouse and tree for goods in classes 29 (including milk and dairy products), 30 and 31 of Swiss origin as a guarantee mark. An opposition filed by the plaintiff against this deposit was rejected by the Swiss Federal Institute of Intellectual Property (IGE) on December 3, 1998.
On October 17, 2000, the plaintiff filed an application with the High Court of the Canton of Appenzell Ausserrhoden to declare the defendant's "Appenzeller Natural" trademark null and void for the dairy products sector.
Considerations
The Federal Supreme Court confirmed the decision of the High Court that the defendant's "Appenzeller Natural" trademark for the dairy products sector is to be declared null and void. This was justified by the fact that the term "Appenzeller" for cheese has become established in…