Facts
Dr. Rickenbach requested authorization from the Federal Office of the Commercial Register to use the designations "Europäische Treuhandgesellschaft", "Société Fiduciaire Européenne" and "Società Fiduciaria Europea" for a joint-stock company he intended to establish with other persons. The Office rejected this request on 14 October 1959, on the grounds that territorial and regional designations can only be admitted in a business name if special circumstances justify it, which was not the case here. On 19 March 1960, Dr. Rickenbach filed a request for review, seeking at least authorization to use the designations "Eurotreuhand", "Eurofiduciaire" and "Eurofiduciaria". This request was rejected on 11 May 1960.
Dr. Rickenbach, as well as Dres. Maspoli and Pedrazzini, then appealed against these two decisions to the Federal Tribunal, requesting authorization to use the aforementioned designations for the new Swiss joint-stock company they intended to establish.
Considerations
The Federal Tribunal considered that the appeal against the decision of 14 October 1959 was late, as it was filed more than 30 days after its notification. Regarding the decision of 11 May 1960, the Tribunal considered that it was validly challenged by the appeal.
On the merits, the Tribunal ruled that the designations "Eurotreuhand", "Eurofiduciaire" and "Eurofiduciaria" contain a territorial designation, which can only be admitted if special circumstances justify…