NDLI: “Strela”

Content Provider	Springer Nature Link
Copyright Year	2016
Abstract	1. Geographical names and signs that are not understood by the relevant public as indicating a certain origin of the goods or services are not considered indications of source. In particular, there is no expectation as to origin if the place to which the sign refers is unknown in Switzerland, if the sign is interpreted as a fantasy sign because of its symbolic content, if the place to which the sign refers is not suitable as a place of production, fabrication or manufacture, if the sign constitutes a type designation or if the sign has acquired secondary meaning for an enterprise in commerce or has degenerated into a generic name. 2. Words that simultaneously have a geographical and another meaning are only to be regarded as no longer being an indication of source if the non-geographical meaning dominates from the point of view of the purchaser. 3. Signs that contain a geographical designation but which are combined with other elements in a context that changes the meaning can likewise not be regarded as an indication of source. 4. An indication of source can also arise indirectly where a reference is not made directly to the place of origin of products but where the sign’s message or semantic content indirectly indicates a specific expectation as to origin. Under certain circumstances, such an indirect indication of origin can result through the use of the name of a geographical feature. In order to qualify as an indirect indication of source, it can, however, not be sufficient for it to be known only in the relevant circles. On the contrary, it must be a generally known or typical symbol that represents the specific origin.
Starting Page	240
Ending Page	243
Page Count	4
File Format	PDF
ISSN	00189855
Journal	IIC - International Review of Intellectual Property and Competition Law
Volume Number	47
Issue Number	2
e-ISSN	21950237
Language	English
Publisher	Springer Berlin Heidelberg
Publisher Date	2016-02-22
Publisher Place	Berlin, Heidelberg
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Misleading trade mark International IT and Media Law, Intellectual Property Law Indirect indication of source Geographical indication Indication of origin
Content Type	Text
Resource Type	Article
Subject	Political Science and International Relations Law

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