We had a wonderful visit from Mrs. Chantal Koller and Ms. Nathalie Codignola representing the law firm PRINS. They gave us an update on their quickly growing firm and also explained some recent decisions from the Swiss, EU and UK courts and patent offices.

They explained and emphasized how the diverse languages used in Europe can lead to unique judgments based on language, and the vast geographical area makes it difficult to prove “prominence through use,” particularly in Switzerland where the significant burden of proof is on the right holder. They also introduced some interesting examples of decisions unique to Europe, such as famous trademarks registered long ago that would be considered weakly distinctive today, but in past decisions have been recognized as having a very broad scope of protection. We also discussed whether companies dealing only in their own products fall under Class 35 “advertising” or “retail,” and whether these services should be covered when filing applications and how that approach may differ in certain situations and jurisdictions.