Our news on intellectual property

No risk of confusion between the trademarks PLANETE + (fig.) and PERPETUAL PLANET

No likelihood of confusion was retained between the combined trademark registration “PLANETE +” owned by Canal+ Group and the word trademark application “PERPETUAL PLANET” filed by Rolex SA, designating various services in classes 35, 36, 38, 41 and 42. In a decision dated September 22, 2021 (B-1398/2020), the judges of the Federal Administrative Court admitted the appeal filed by Rolex SA against the decision of the Federal Institute of Intellectual Property allowing the opposition lodged by Canal+ Group. The shared element “PLANET” is considered descriptive because the consumer could think that the designated goods and services could come from any part of the world or that those focus on astronomy-themed items. The coexistence of the trademarks in the Swiss register is allowed. This decision is final because appeals to the Federal Court are not admissible against decisions on opposition to the registration of a trademark in Switzerland.

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