Wella had no luck with the extension of protection of its international trade mark ON THE BEACH, claiming protection for cosmetics, perfumes and hair lotion, to Switzerland.

The Federal Adminstrative Court ruled that ON THE BEACH would be understood by the relevant consumers to indicate a certain use of the product, i.e. a type of cosmetics particularly suited for use on the beach. It was therefore descriptive and not protectable as a trade mark.

The decision underlines the very strict Swiss practice regarding lack of distinctiveness. ON THE BEACH had been registered in Germany (base mark) and the OHIM had not refused the extension to the EU member states.

The applicant did not try to rely on the argument that there are no beaches in Switzerland and the mark therefore could not possibly be descriptive in Switzerland...

Full text (German) of the decision here.

Image credit: I took the photo last year on Agatti Island, Lakshadweep, off the coast of Kerala, India. Yes, it was as nice as it looks.