Facts
This decision concerns a dispute between the Migros-Genossenschafts-Bund (the plaintiff) and Mondaine Watch Ltd (the defendant) regarding the use of two trademarks registered by the defendant: - The combined trademark M-WATCH MONDAINE (CH P-341 261) - The combined trademark M-WATCH (CH P-512 831) The plaintiff filed an action for cancellation of these two trademarks for non-use in accordance with Art. 12(1) TmPA. The lower court dismissed this request, considering that the defendant had made proper use of the trademarks. The plaintiff appealed against this decision.Considerations
The Federal Court first examined the use of the combined trademark M-WATCH MONDAINE. It considered that the use of the M-WATCH sign on the defendant's watch straps constituted proper use of the registered trademark, insofar as this sign could be perceived by consumers as indicating the origin of the watches.
However, the Court ruled that the defendant's use of the M-WATCH sign, which did not reproduce the figurative element of the empty circle present in the registered trademark, did not constitute proper use within the meaning of Art. 11(2) TmPA. Indeed, this figurative element was essential to the overall impression of the trademark, given the low…