Facts
X. Ltd. (the opposing party) applied on March 8, 2005 for the registration of a three-dimensional form as a trademark for plastic packaging containers in Class 20. The Swiss Federal Institute of Intellectual Property (IGE) rejected the application on April 6, 2006, on the grounds that the claimed form represents common property and therefore cannot be registered as a trademark.
The Federal Commission for Intellectual Property Appeals overturned the IGE's decision and instructed it to register the form trademark. The Federal Department of Justice and Police then filed an administrative court appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court granted the appeal and overturned the decision of the Appeals Commission. It stated that the common nature of a form should be assessed primarily by whether similar forms are known in the claimed goods or services area, from which the claimed form does not stand out due to its originality.
The Federal Supreme Court concluded that the claimed trapezoidal packaging form, given the…