Facts
The international word mark "YUKON" No. 659'288 was registered on May 14, 1996 in the international register at the World Intellectual Property Organization (WIPO) for various goods. Protection of the mark was also requested for Switzerland.
The Swiss Federal Institute of Intellectual Property (IGE) initially refused protection of the mark in Switzerland, as "YUKON" was to be considered as a geographical indication of origin and thus as a sign of the public domain. Later, the Swiss Federal Appeals Commission for Intellectual Property overturned the decision of the IGE and granted definitive protection of the "YUKON" mark in Switzerland.
The Swiss Federal Department of Justice and Police (appellant) filed an administrative court appeal to deny protection of the "YUKON" mark for certain goods in Switzerland.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the findings of the Appeals Commission, according to which the name "YUKON" is not understood by the relevant public in Switzerland as a geographical indication of origin, are binding on the Federal Supreme Court. Furthermore, "YUKON" is also not suitable to mislead the public about the origin of the goods.
The Federal Supreme Court explained that geographical designations are only excluded from trademark protection if they are understood…