Swiss Military | The Last Word


The Trademarks Act, 1999

Section 2(1)(za)(iv): ‘trade description’ means any description/statement/indication, direct or indirect, as to the place or country in which any goods were made/produced/provided.

Section 2(1)(i)(I): ‘false trade description’ means a ‘trade description’ which is untrue or misleading in a material respect as regards goods to which it is applied.

Section 9(2)(a): A mark shall not be registered as a trade mark if it is of such nature as to deceive public or cause confusion.


Appelant-Armasuisse represents Swiss Government, Military Wing. In present case, there is justification for Court to presume, public would be compelled into believing Respondent No. 2-Promoshirt SM S.A.’s goods were made or manufactured in Switzerland. But it is of Chinese origin.

If a trade mark even indirectly indicates country of manufacture of goods, it is a ‘trade description’. If country of manufacture of goods thus suggested is not country of manufacture of goods, the trade mark would be a ‘false trade description’. The trade mark would be of a nature which would deceive public or cause confusion and would be ineligible for registration.  

Learned Deputy Registrar allowed Respondent No. 2-Promoshirt SM S.A.’s registration, whether the mark was used in a red-and-white or a black-and-white format. It is not sustainable. A mental connection with Switzerland is inevitably made. ‘SWISS MILITARY’ simpliciter, sans any accompanying embellishments or emblems, has clear propensity of creating confusion too.

Hon’ble Justice C. Hari Shankar of Hon’ble High Court of Delhi, Armasuisse v. Trade Marks Registry, [CA(COMM.IPD-TM) 158-159/2022] decided on 04.01.2023.



Source link

Comments are closed.