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“APPLE”

Decision of the Federal Administrative Court (Bundesverwaltungsgericht) 24 July 2018 – Case No. B-6304/2016
  • Federal Act of 28 August 1992 on the Protection of Trade Marks and Indications of Origin (Trade Mark Act), Art. 2 lit. a
Decision • Trade Mark Law Switzerland
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  1. 1.

    References to a get-up that is generally customary for the goods at hand are a part of the public domain. Distinctiveness is not only acknowledged in a sign when the shape described is especially original and is not denied a sign as soon as the shape is not unexpected in the claimed goods.

     

Keywords

Signs belonging to the public domain Distinctiveness Get-up generally customary Perception of the relevant public Descriptiveness Refusal of registration 

Notes

Copyright information

© Max Planck Institute for Innovation and Competition, Munich 2019

Authors and Affiliations

  • Federal Act of 28 August 1992 on the Protection of Trade Marks and Indications of Origin (Trade Mark Act), Art. 2 lit. a

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