Facts
Nordmark-Werke GmbH is the owner of the international word mark No. 356845 "Enterocura" with German priority from April 3, 1969. The Swiss Federal Institute of Intellectual Property refused to grant protection for this mark in Switzerland, as the term "Enterocura" directly refers to "intestinal treatment" in Italian and French, and therefore lacks any distinctive character for intestinal treatment and remedies, and would be misleading or defensive in nature for the other products listed in the goods list.
Nordmark-Werke GmbH filed an administrative court appeal against the decision of the Swiss Federal Institute of Intellectual Property in order to obtain registration of the "Enterocura" trademark in Switzerland.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the term "Enterocura" is considered a generic term for medications and products for the treatment of intestinal diseases in professional circles and is therefore to be regarded as part of the public domain, not eligible for trademark…