IP Story: “Blanket” does not always rhyme with “good coverage”
Dive deeper into the complex world of Intellectual Property with the next installment of our engaging series!
In this episode, we present a gripping narrative titled “Blanket” does not always rhyme with “good coverage”, set against the unique and often challenging IP landscape of Switzerland. We embark on a journey with a company which decided to launch luxurious, high-quality blankets — a brand aimed to warm many homes and hearts across the country.
Join us as we unravel how this company faced the chilling challenges posed by IP regulations, learning crucial lessons about the importance of comprehensive trademark coverage in both the physical and digital worlds. This story not only highlights the pitfalls of presumed protection, but also the strategic steps necessary to secure a brand’s legacy, exclusivity, and commercial future in the digital age.
IP Story: “Blanket” does not always rhyme with “good coverage”
A company planning to market its trademark in Switzerland for “blankets” namely bed blankets and printer’s blankets of textile, filed a new trademark application for these goods in class 24. In its business plan, this company envisaged developing online retailing with its trademark, but unfortunately failed to protect its trademark in class 35 for online retailing services.
Several months later, this company detected a very similar trademark registered for “Retail trade; e-commerce and online retail services for clothing, bed covers…”.
The company opposed to the basis of its prior rights in class 24 against this similar trademark in class 35 but its opposition was rejected insofar as the Swiss IPO is not aware of any market practice whereby companies that manufacture or offer goods namely in classes 24, 25 diversify into the retail trade service sector in accordance with the understanding of the Nice Classification described above, i.e., offer the service of promoting goods to third parties in return for payment and as an independent service.
Moral of the story:
Online retail protection for covers in Switzerland must absolutely be extended to class 35 and not be limited to the class of goods (in this case, class 24) for better protection against potential infringers!
Fascinated by how trademark classification plays a crucial role in your business strategy? Don’t let your guard down when expanding into new markets or platforms. At Katzarov, we are experts in maneuvering through the maze of Intellectual Property protection to ensure your brand stays uniquely yours. Let’s develop a robust IP strategy that shields your innovations and maintains your market edge.
Prepared by Philippe Brottes & Viktoriia Didur