Decision on the nullity of a combined trademark due to non-use and the protection of a well-known trademark

Facts

The Norwegian company A. Gruppen AS (plaintiff) produces and markets furniture, including the children's chair "Tripp Trapp". It registered the combined trademark "Tripp Trapp" in Switzerland in 1979. The Danish company Trip Trap Denmark A/S (defendant) began using the "Trip Trap" mark in Switzerland in 2000 to identify its products, including garden furniture. The plaintiffs then brought an action for cessation of the use of the "Trip Trap" mark and for damages. The Commercial Court of the Canton of Aargau granted the request for cessation, considering that the "Tripp Trapp" mark was well-known in Switzerland at the time the defendant began using the "Trip Trap" mark. The defendants appealed against this judgment.

Considerations

The Federal Tribunal dismissed the appeals.

Regarding the nullity of the combined trademark "Tripp Trapp" for non-use, the Federal Tribunal considered that the plaintiff had not used the trademark in its registered form, in particular the stepped arrangement of the word "Tripp Trapp" in small letters. The use of the verbal element alone, without the characteristic graphic design, does not preserve the identity of the registered trademark.

Regarding the well-known status of the "Tripp Trapp" mark, the Federal Tribunal ruled that the factual elements established that this mark was well-known in Switzerland at the time the defendant began using the "Trip…