Protection of a Three-Dimensional Trademark for a Chair

Facts

The Swiss Federal Institute of Intellectual Property (IGE) had rejected the registration of a three-dimensional trademark for the "Panton" chair. The applicant filed an appeal, which was upheld by the Federal Administrative Court. The IGE then appealed to the Federal Supreme Court. The Federal Supreme Court partially upholds the appeal of the IGE. It sets aside the judgment of the Federal Administrative Court and remands the case to the Federal Administrative Court for supplementation of the facts and a new decision. The Federal Supreme Court is of the opinion that the claimed form of the "Panton" chair could be eligible for design protection, but is not sufficiently distinctive to be registered as a trademark. However, the lower court did not examine the question of acquired distinctiveness through use, which is why the case is remanded to the Federal Administrative Court.

Considerations

The Federal Supreme Court states that the requirements for trademark and design protection are different. For trademark protection, the form must deviate so much from the usual that it remains in the memory of the average consumer as an indication of origin. This is not the case with the claimed form of the "Panton" chair, as…