Our news on intellectual property

Online use of a trademark

Is mere online use sufficient for a trademark to remain valid? Where the trademark is shown on a website but without physical or e-commerce sales of the branded products in the country? Not a small question in today’s more-than-ever digital world. Yes, answered the Swiss Federal Supreme Court in a decision of 29 April 2020 (ATF 146 III 225), in a trademark infringement case opposing Merck and MSD over the pharma brand MERCK. But with conditions. It’s not enough that the website is accessible from Switzerland. A sufficient link to, or commercial effect in Switzerland, must exist too such as business operations there. –

For your success

Based in Geneva, SEDIN assists you in protecting, enhancing and defending your trademarks and intellectual property assets in Switzerland and internationally.

Other news

3 September 2021

Baselworld – 2021 Geneva Watch Days

31 August 2021

On-going consultation on the review of the Ordinance to the Federal Act on Data Protection

20 August 2021

New article “The Swiss response to the concerning issue of counterfeiting”