04 July 2025

"Rynkeby (fig.)": FAC Overturns Trademark Refusal – Key Clarification on the Legibility of Word Elements in Figurative Marks

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Sharp images, strong marks: Court clarifies that primary reference should be made to the publication in the WIPO Gazette when assessing an international registrations.

  • Stephanie Ast

    Junior Legal Associate

  • Luca Hitz

    Legal Partner

  • Philipp Stadler

    Senior Legal Associate

With its judgment of April 2, 2025 (B-4008/2022), the Federal Administrative Court overturned the complete refusal of protection by the IPI (Swiss Federal Institute of Intellectual Property) for an international figurative mark.

The decision concerns the figurative mark "Rynkeby (fig.)", consisting of the depiction of a beverage bottle with a colored label and the central word element "Rynkeby".

The IPI had argued that the mark depicted a banal bottle shape with a decorative label. According to the IPI, the label contained in the sign was perceived merely as decoration, was not legible, and thus could not contribute to the distinctiveness of the sign as a whole. There was a disagreement between the appellant and the IPI regarding the basis for assessing the registrability of the present international registration. While the IPI relied on the printed version of the image as published in WIPO Gazette of International Marks, included in the paper notification from WIPO dated 28 February 2019, the appellant argued that the electronically maintained WIPO Gazette – specifically the electronic image file – should be decisive.

The Federal Administrative Court held that, for the purpose of assessing the protectability of an international registration, primary reference should be made to the publication in the WIPO Gazette. It reached a different conclusion from the IPI: based on the electronic image file of the mark as published in the electronically maintained WIPO Gazette, the word element "Rynkeby" is clearly legible and prominently placed. As a fanciful term without descriptive character, and in combination with further graphic elements, this gives the sign the required distinctiveness.

The ruling confirms and further defines existing practice: A banal packaging shape can become eligible for protection through distinctive two-dimensional elements – especially readable and centrally placed company or fanciful terms.

Practice tip: Given that clarity and image quality may be decisive, ensure that figurative marks are submitted in a clear, high-contrast, and sufficiently large format.

 

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