Facts
The company Continental Gummi-Werke Aktiengesellschaft, domiciled in Hanover, is the owner of the word mark "Synchrobelt" registered in Germany. It applied for the international registration of this mark, which was refused for the Swiss territory by the Federal Institute of Intellectual Property on the grounds that the mark lacks any distinctive character and consists solely of descriptive elements. The company appealed against this decision to the Federal Tribunal.Considerations
The Federal Tribunal dismissed the appeal. It considered that the "Synchrobelt" mark is composed of elements borrowed from the Greek and English languages that refer to the purpose of the products, namely synchronous transmission and conveyor belts. The term "belt" is a generic designation for this type of product, while "synchro" alludes to the synchronization of movement. The mark as a whole indicates a property of the targeted products and constitutes a generic indication, devoid of distinctive character, which cannot be registered under Art. 14 para. 1 no. 2 TMO.
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