6 Mar 2017
RE FEDERATION OF THE SWISS WATCH INDUSTRY FH
- Citation
- RE FEDERATION OF THE SWISS WATCH INDUSTRY FH
- Court
- Court of First Instance
- Case number
- HCMP1070/2016
Given the identical goods, the Certification Mark SWISS' enhanced distinctiveness and the admitted evidence showing that the Opposed Mark is used in practice as "SWISS BERNARD"/"SWISSBERNARD" in contexts likely to convey Swiss origin, the average consumer would decompose the mark and attach significance to the element "Swiss", producing a likelihood of confusion under s12(3); therefore the application for registration must be refused and the Hearing Officer's decision set aside.