Brand PracticeIn the following, the key points of trademark practice are presented analogously. The explanations are based on the Guidelines for Trademark Questions of the IGE in Bern. For specific questions, specialized trademark attorneys should be consulted. We will be happy to clarify your concerns in cooperation with the trademark attorneys associated with us.
Types of trademarks |
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Scope of trademark protection Classification The trademark is subject to the principle of speciality and is therefore not protectable in the abstract, but only for precisely determined goods and/or services for which the trademark is claimed. This determination is made on the basis of the so-called Nice Classification. It comprises 3 levels: 1) Classes of goods (classes 1-34) and classes of services (classes 35-45). E.g.: Class 31: "Agricultural, horticultural and forestry products". 2) Generic terms thereof (e.g. "fresh fruit and vegetables") 3) Sub-headings (e.g. "apple") Class numbers: (see menu commodity classes) Classification) If only class numbers are indicated, it is assumed that the applicant claims all generic terms and subordinate terms underneath. Brand strategy Depending on the expansion plans and trademark strategy, it may make more sense to register whole classes, generic terms from them or even sub-terms of a good or service. |
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Legend: BGE : Bundesgerichtsentscheid Kl.: Waren- und Dienstleistungsklasse BVGer: Bundesverwaltungsgericht MschG : Markenschutzgesetz IR: Internationale Registrierung |
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