Quevedo & Ponce - Noticias Legales
“Bimbo” Brand Rejected in Switzerland: The Importance of Cultural Perceptions in Trademark Registration
- February 18th, 2025
- Quevedo & Ponce
In the world of intellectual property, trademark protection involves not only legal aspects but also the social impact of the terms used. A recent case in Switzerland highlights how a trademark can be rejected if its name has immoral or insensitive connotations towards specific social groups.
Is it possible for a common term to be perceived as offensive?
The answer is yes. A clear example is the case of the “Bimbo” brand. In May 2024, the Federal Administrative Court of Switzerland rejected the registration of the “BIMBO QSR” trademark, considering that “Bimbo” is offensive in German. Although the Bimbo Group appealed, the Federal Court upheld the decision in November 2024, emphasizing how cultural perception influences trademark registration.
How is it decided whether a trademark is immoral or not?
The decision depends not only on local legislation but also on the social and cultural context of each region. In Switzerland, sensitivity towards potentially offensive terms has been crucial in rejecting trademarks, with the goal of protecting human dignity and preventing the perpetuation of prejudices.
This case highlights the importance of carefully analyzing the cultural impact of trademarks before registration, a fundamental lesson for companies seeking to expand internationally.
With extensive experience in the field, Quevedo & Ponce provides specialized legal advice, ensuring that registered trademarks comply not only with legal standards but also with the social values prevailing in our society.
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