A well-known trademark may come to get associated with the product or service instead of identifying the company, as its purpose actually is. In that case, it could be found to be generic and therefore free of use. This is what happened to Bayer's trademark “Aspirin” which ended up in dictionaries. It has become a common term which is now widely used by all pharmaceutical companies. The trademark owners must take proactive steps to avoid losing their exclusive rights. This article gives insights into how to prevent a trademark from becoming generic in light of the Swiss legislation and case law.

Prior to any product or service launch, the trademark and domain name protection steps must be carefully considered, aligned and taken early on. Anticipate and coordinate these steps will make the trademark and domain name portfolio generate revenues and reflect in a high return on investment. In this article, a closer look is taken at the best practices in addressing both domain name and trademark protections at each stage of the project.

Geographical indications (GIs) and appellations of origin (AOs) protect the names of products for which the quality or the reputation is linked to a specific area. Their registration allows to prevent them from becoming generic or misused, which could not only harm the local producers through unfair competition, but also mislead consumers as to where the goods come from. The way of protecting GIs differs significantly from country to country. In Switzerland, there is a sui generis right system in place. In addition, parliamentary work is under way for the future ratification of the Geneva Act of the Lisbon Agreement on AOs and GIs which would allow to register them through the international procedure at WIPO.