Our news on intellectual property

Ritz Hotel lost against RITZCOFFIER

If you say that you are famous, then prove it. This is the hard lesson learned by Ritz Hotel in their opposition to the Swiss trademark RITZCOFFFIER. On 19 November 2019 (decision B-5177/2017), the Federal Administrative Court ruled that this trademark is valid. Ritz Hotel based their claim on the notoriety of their brand, in accordance with Article 6bis of Paris Convention and Article 3 al.2 let.b of the Swiss Trademark Protection Act. Unfortunately, no opinion poll was submitted to justify it. This poll is not needed where the notoriety of the trademark is a publicly known fact as per Article 151 of the Civil Procedure Code. However, according to the judges, the trademark RITZ is not eligible to this status because it is not certain that the majority of Swiss people know it. Consequently, the opposition of Ritz Hotel is regarded as baseless.

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