The courtroom battle for Swiss Military
Switzerland’s defense procurement office, won a trademark battle in an Indian court, a rare instance where a federal agency took on a private company in the South Asian nation.An Indian garments manufacturer intended to use a logo showing a white cross on a black background with the words “Swiss Military” on its products. The trademark registration office had cleared the representation in July, which pushed Armasuisse to the Delhi High Court.While Armasuisse wasn’t opposed to the use of the white cross on a black background, taken together with the wording it could be misconstrued as indicating Swiss origin of the product, the Swiss procurement office’s lawyer told the court. The agency was also opposed to any use of a white cross on a red background, which is akin to the Swiss flag.The court accepted Armasuisse’s stance and held the logo ineligible to be used as a trademark. If used, buyers could presume that the goods originated in Switzerland and could render them ineligible for registration under Indian statutes that bar false trade description, the court ruled.“If, for example, backpacks bearing the words ‘Indian Air Force’ were to be seen by persons outside India, it is obvious, to my mind, that they would presume a link with the Indian Air Force,” the court said in its order.
Switzerland’s defense procurement office, won a trademark battle in an Indian court, a rare instance where a federal agency took on a private company in the South Asian nation.An Indian garments manufacturer intended to use a logo showing a white cross on a black background with the words “Swiss Military” on its products. The trademark registration office had cleared the representation in July, which pushed Armasuisse to the Delhi High Court.While Armasuisse wasn’t opposed to the use of the white cross on a black background, taken together with the wording it could be misconstrued as indicating Swiss origin of the product, the Swiss procurement office’s lawyer told the court. The agency was also opposed to any use of a white cross on a red background, which is akin to the Swiss flag.The court accepted Armasuisse’s stance and held the logo ineligible to be used as a trademark. If used, buyers could presume that the goods originated in Switzerland and could render them ineligible for registration under Indian statutes that bar false trade description, the court ruled.“If, for example, backpacks bearing the words ‘Indian Air Force’ were to be seen by persons outside India, it is obvious, to my mind, that they would presume a link with the Indian Air Force,” the court said in its order.
