Proving genuine use of trademark in Switzerland


Marques Class 46 reports about an interesting case regarding proof of genuine trademark use in Switzerland. Sofar Swiss AG applied for YALUAGE trademark for cosmetic products.

Against this mark an opposition was filed by Pierre Fabre based on an earlier mark ELUAGE for the same goods.

Sofar Swiss AG required proof of commercial use of the earlier mark. IPO upheld the opposition after observing the submitted evidences by Pierre Fabre.

What’s happened after that is that the Administrative court overturn this decision. The main argument for this was that all submitted evidences show transactions concerning this mark but only Pierre Fabre and its subsidiary companies in Switzerland which in turn doesn’t prove that the relevant products with the mark were reaching retail stores or end consumers in the country.

This case shows the need for careful analysis in every case of proving genuine use of trademarks because sometimes it could be a tricky business.


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s