Facts
The Swiss Federal Institute of Intellectual Property (IGE) rejected the trademark registration applications of the Association of Swiss Elevator Companies (VSA) for two word-and-device marks, as they violated the Federal Act on the Protection of the Emblem and Name of the Red Cross. The VSA filed a complaint against this decision. The Federal Administrative Court upheld the complaint and instructed the IGE to register the trademarks. The IGE then filed a civil law appeal with the Federal Supreme Court.Considerations
The Federal Supreme Court states that the Red Cross Act provides for an absolute prohibition on the use of the Red Cross emblem or a confusingly similar emblem as a component of a trademark, regardless of its significance in the overall impression of the trademark and the goods or services for which the trademark is to be used. The decisive factor is solely whether the Red Cross emblem or a confusingly similar emblem has been incorporated as a characteristic component of the trademark. The lower court failed to recognize this, as it took into account the overall impression of the trademarks and the claimed services. The Federal Supreme Court partially upholds the appeal. It denies the risk of confusion with the Red…