Switzerland refuses registration of “Madonna" trade mark

On April 12, 2010, the Federal Administrative Court (FAC) of Switzerland confirmed the decision of the Swiss Federal Institute of Intellectual Property who had refused the application of the company TMS Trademark-Schutzrechtsverwertungsgesellschaft mbH for registration of the mark "Madonna". According to the Swiss Federal Administrative Court the sign is offensive to the faith and religious feelings and it thereby violates Article 2(d) of the Federal Law on the Protection of Trademarks and Indications of Source, which expressly prohibits the registration of signs contrary to public order and morality. In the same decision, the FAC has declared the validity of the pre-existing registration "Ma Donna", considering it disconnected to the religious domain, as consisting of two separate words and evocative of "my wife ".

05/13/2010 | Trade Mark