Walder Wyss with Polaroid on trademark registration
Walder Wyss advised Polaroid as the Swiss Federal Institute of Intellectual Property (IPI), after initially refusing the application, approved the registration of a colour mark for the brand. The trademark in question consists of a combination of five colours.
The context
Under Swiss law, a colour mark is a trademark consisting exclusively of one or several colours per se, without contours or a specific shape, used to indicate the commercial origin of goods or services.
In connection with this case, the Swiss Federal Institute of Intellectual Property (IPI) has granted trademark protection to the Polaroid color mark without the usual requirement of demonstrating acquired distinctiveness – typically proven through a demoscopic survey.
The Walder Wyss tean
Walder Wyss advised Polaroid on all aspects of the trademark proceedings. Counsel Sylvia Anthamatten (pictured, technology & IP) led the firm’s team on the matter, working alongside senior associate Michael Lysakowski (technology & IP).
