"Burek King" Fails Against "BURGER KING" – The Federal Administrative Court Confirms Risk Of Confusion

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In its decision of June 3, 2024, the Federal Administrative Court confirmed the decision of the IPI, stating that the trademark "Burek King" cannot be registered due to the risk...
Switzerland Intellectual Property
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In its decision of June 3, 2024, the Federal Administrative Court confirmed the decision of the IPI, stating that the trademark "Burek King" cannot be registered due to the risk of confusion with the trademark BURGER KING.

The Swiss fast-food chain Burek King sought to register the trademark "Burek King" for hotel and restaurant services. Burger King opposed the registration, as the "Burger King" trademark has been registered for similar services since 1999. On October 31, 2023, the IPI ruled that there was a risk of confusion and denied the registration. Burek King appealed to the Federal Administrative Court, which on June 3, 2024, upheld the IPI's decision. Despite the descriptive nature of the "Burger King" trademark, the court recognized its strong brand recognition and extensive use, confirming the risk of confusion with "Burek King."

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