Facts
The company Hugo Boss AG, owner of the Swiss trademark "BOSS" registered in 1972 for men's fashion clothing, filed a nullity action against the "BOKS" trademark registered in 1991 by Reebok International Ltd. for clothing, footwear and headgear in Class 25. The Commercial Court of the Canton of Zurich rejected the claim by Hugo Boss AG. This decision was upheld by the Federal Tribunal.Considerations
According to the consistent case law of the Federal Tribunal, the question of whether two trademarks are sufficiently distinct must be assessed based on the overall impression they leave on the public interested in the relevant products. The public generally does not perceive the two signs simultaneously, but rather remembers one of them more or less vaguely after seeing the other. When comparing the trademarks, the focus must therefore be on the elements that are likely to remain engraved in an imperfect average memory.
As for word marks, their overall impression is primarily determined by the sound and graphic appearance. However, when the mark is derived from common vocabulary, its meaning can also play a decisive role in the overall impression. Striking meanings that immediately impose themselves on the consciousness when heard or read generally also dominate the image of the memory.
In the present…