Trademark ORTOPEDIA SUIZA GROUP Cannot Be Registered

On October 24, 2024, in the case “Embajada de Suiza en la República Argentina v. Martínez Francisco Gonzalo,” the Federal Court of Appeals in Civil and Commercial Matters overturned the Trademark Office’s decision that had declared groundless the Embassy of Switzerland’s opposition to the “ORTOPEDIA SUIZA GROUP” trademark application in class 10.

The TMO had based its decision on the grounds that the trademark had sufficient distinctiveness to be registered and that there was no risk of misleading consumers since the applicant’s commercial activity—related to orthopedic products—had no connection with any specific geographical region. The TMO also understood there was no risk that consumers might believe the Swiss Confederation endorsed that applicant’s activity.

The Embassy of Switzerland appealed the TMO’s decision before the Federal Court and argued that the TMO had failed to apply article 3, subsection (g) of the Trademark Law and the Paris Convention for the Protection of Intellectual Property.

The Court of Appeals analyzed the case and determined that the applicant sought to register a trademark whose main element is a place of origin, overshadowing the other elements of the Trademark. Therefore, article 3, subsection (d) of the Trademark Law applied. This article prohibits registering trademarks that may mislead consumers regarding the true origin of products. The Court also invoked provisions of the Paris Convention—ratified by Law 17011—which mandates taking measures to ensure respect for the names of foreign states.

The Court also referenced article 3, subsection (g) of the Trademark Law, which prohibits registering letters, words, names, or symbols used by foreign nations and international organizations recognized by the Argentine government.

Consequently, the Federal Court concluded that the trademark application for “ORTOPEDIA SUIZA GROUP” violates the spirit and letter of these legal provisions and overturned the TMO's decision.