Qatar Airways Fails To Register Its Trademark

Author:Ms Barbara Müller
Profession:meyerlustenberger | lachenal
 
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The Swiss Administrative Court has upheld a decision of the Federal Institute of Intellectual Property (FIIP) in which the latter had refused to register the word mark QATAR AIRWAYS for paper goods in Class 16 and services in Class 39 of the Nice Classification (Case B-5786/2011, November 23 2012).

On January 28 2009 Qatar Airways QCSC applied for the registration of the word mark QATAR AIRWAYS with the Swiss trademark registry (Application No 50905/2009). The application sought protection for "paper, cardboard and goods made from these materials (not included in other classes); printed matter; bookbinding material; photographs, stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes), printers' type; printing blocks" in Class 16 and "transport; packaging and storage of goods; travel arrangements" in Class 39.

The FIIP rejected the application on June 8 2009, holding that:

the trademark was descriptive and deceptive with regard to all claimed goods and services; and therefore, registration of the mark would violate Swiss and international law. The applicant responded to the refusal by claiming that the trademark possessed, if not inherent, acquired distinctiveness through extensive use. The FIIP thereafter allowed the registration of the mark for "bookbinding material; photographs, stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); plastic materials for packaging (not included in other classes), printers' type; printing blocks" in Class 16. For the remaining goods in Class 16 and all the services in Class 39, the FIIP withheld its refusal. On September 16 2011 the FIIP issued a final refusal after the applicant had made two additional submissions claiming inherent and acquired distinctiveness.

On October 19 2011 the applicant appealed to the Swiss Administrative Court, requesting that the FIIP's decision be reversed in its entirety and that the trademark QATAR AIRWAYS...

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