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Intellectual Property and Commercial Court


2009 Xing Shang Su No. 18

Decision No. 2009 Xing Shang Su No. 18
Date June 11, 2009
Decision Highlight

Switzerland is famous for its clock/watch manufacturing industry in the world. When ordinary people see Switzerland, “SWISS,” their first impression is something about clocks/watches. The disputed trademark is designated to the use on clock/watch products. When consumers see clock/watch products provided by Intervener, they will first notice SWISS, and then associate it with Swiss clocks/watches. That results in the likelihood of confusion. Besides, Intervener is an American-based company, but uses the name of Switzerland, SWISS,” as a pictorial part of the disputed trademark that is designated to the use on clocks, watches, time measurement devices. That will likely cause general consumers to misunderstand the source of Intervener’s products and to think that the products are from Swiss so as to buy them. Thus, the registration of the disputed trademark violates Art. 23, para. 1, cl. 11 of the Trademark Act.

Related Provision Trademark Act: Art. 23, Para. 1, Cl. 11
  • Release Date:2020-11-13
  • Update:2020-12-07