January 16, 2017
On 1 January 2017 the new “Swissness” legislation came into force in Switzerland. The purpose of this new legislation is to ensure the continued strength and value of the Swiss brand on a global basis.
Switzerland is famed for cheese, chocolates and watches, their products are exclusive and high end, benefitting from their enhanced reputation affording the consumer confidence in purchasing a Swiss product.
Companies in Switzerland are now able to register geographical trade marks for non-agricultural products. Producers in Switzerland will be free to use “Swiss”, for their products* providing them with enhanced brand protection both in Switzerland and abroad.
At present, within the EU, under Council Regulation 2081/1992, Article 2(2)(a) a designation of origin is defined as:
“….an agricultural product or a foodstuff originating in that region, specific place or country….and the production, processing and preparation of which takes place in the defined geographical area….”
Therefore, within the EU you are only able to register geographical trade marks for agricultural products, i.e. prosciutto di parma and champagne.
After ‘Brexit’ we should pursue “Great Britishness” for all our British goods.
If you have any trade mark queries and/or questions regarding the protection of your brand, please contact Briffa. We advise on all aspects of protecting your Intellectual Property.
*Subject to satisfying certain criteria.
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