Swiss Military trademark litigation
Switzerland passed the Switzerland’s Swissness Act in 2017, under which the national symbols and the Swiss cross are not permitted on products that don’t meet “Swissness” criteria. Certain percentage of production of the items has to be done in Switzerland for the product to have the title Swiss or any symbol related to Switzerland in it.
Armasuisse - The Federal Office for Defence Procurement gives these licenses to companies and also fights legal battles to prevent use of Swiss brand by other companies. Following companies have the license:
- Victorinox, whose Swiss officer’s knife has become the world-renowned icon Swiss Army Knife.
- Chrono AG concerning Swiss Military by Chrono watches.
- Hanowa AG concerning Swiss Military Hanowa watches.
- Breitling AG concerning Patrouille Suisse edition watches.
- Swiss brands AG concerning Swiss Military and Swiss Air Force brand for products including chocolate, cosmetics, drinking bottles, outdoor blankets as well as blankets for domestic use.
“Armasuisse had challenged the Deputy Registrar of Trademark’s orders which allowed the registration of the marks by Promoshirts SM. The high court, while allowing the appeal, clarified that a trademark registration must be seriously guarded, and any instance of a false trade description is not registrable. The inherent nature of a mark in itself is a relevant consideration under the Trademarks Act, 1999, concluding that the ‘Swiss Military’ mark ran afoul of that principle. The court noted that if backpacks bearing the words ‘INDIAN AIR FORCE’ were to be seen by persons outside India, they would presume a link with the Indian Air Force, whether the words were, or were not, accompanied by the official Indian Air Force insignia.”
Clarification regarding trademark litigations with third party in relation to trademark “SWISS MILITARY” in India
“In this regard we Promoshirt SM S.A.-Switzerland (a party to the above-mentioned trademark litigations), hereby clarify that we are the owners of the trademark “SWISS MILITARY” by virtue of prior adoption and our worldwide use of the trademark including in India since a period extending decades. We have registrations for the mark “SWISS MILITARY” in around 40 countries across the globe including in India. There are pending litigations regarding the registration and rectification of the trademark in India which are a part of routine legal disputes going on between the parties around the world.
However, we have won many litigations in India and around the world. In a very recent judgment dated 7th June 2023, the Boards of Appeal of EUIPO (European Union Intellectual Property office) entirely rejected the opposition party claim and decided the litigation over trademark in our favour. EUIPO is a European Union Agency responsible for the registration of the European Union trade mark and other Intellectual Property Rights valid across the 27 Member States of the EU. One negative order by an Indian court has been publicised by the opposite party even knowing well, that the matter is sub judice (not yet judicially decided) with an ulterior motive of harming our image and brand goodwill which have been earned by persistent hard work and continuous use of the trademark over the past few decades.
We have already won against the opposite party in many jurisdictions of the world before various authorities such as European Union Trademark Authority, Japan Trademark Office, Korean Intellectual Property Office etc. wherein our rights in the Trademark have been duly recognised and well established. Regarding litigations in India the matters are sub judice. We are confident and taking all necessary steps to protect our globally recognised & decades old intellectual property rights as per the legal framework. We are fully committed and assured that the rights of our brand “SWISS MILITARY” are well secured and fully protected.”
Royalty was being paid by the company to their promoter only and not to the Switzerland government for use of the brand name. They may win this order but other companies can and have also come up with the same name and logo.
I have exited my position as it will be difficult to allocate a higher percentage of portfolio here.