Refusal to register the trademark "Calvi" for metal products not originating from Corsica

Facts

The Italian company Calvi S.p.A. filed an application to register the combined trademark "Calvi" for metal products in Class 6. The Federal Institute of Intellectual Property rejected the application, considering that the trademark was likely to mislead consumers as to the origin of the products. Calvi S.p.A. appealed against this decision, but the Federal Tribunal ultimately upheld the appeal of the Federal Institute and refused the registration of the trademark for all the claimed products.

Considerations

The Federal Tribunal considered that the geographical name "Calvi" naturally evokes the Corsican town of the same name, known in Switzerland as a tourist destination. Although Corsica is not renowned for significant metallurgical production, it cannot be excluded that customers may reasonably believe that products bearing this trademark originate from a company located in the Calvi region. Therefore, the use of this geographical name is likely to mislead consumers as to the actual origin of the products, which do not come from Corsica or even from France. The Federal Tribunal therefore concluded that the registration of this…