Trademark dispute: LensClub must yield
The Federal Administrative Court confirms the cancellation of the LensClub trademark due to likelihood of confusion with the earlier Club mark.
What was the case about?
Eschenbach Optik GmbH is the owner of the international trademark 'Club' (IR 528297), protected in Switzerland for optical apparatus, in particular binoculars. Schweizer Optikhandel AG filed the word mark 'LensClub' for contact lenses, care solutions, and optometric services. The owner of the 'Club' mark filed an opposition claiming likelihood of confusion. The IPI upheld the opposition and cancelled the 'LensClub' mark for the contested goods and services. Schweizer Optikhandel AG appealed this decision to the Federal Administrative Court.
Appeal dismissed: LensClub remains cancelled
The Federal Administrative Court dismissed the appeal and confirmed the cancellation of the 'LensClub' mark. It found the goods and services to be similar and a likelihood of confusion with the 'Club' mark. The appellant must bear the procedural costs of CHF 4,500 and pay the respondent an indemnity of CHF 7,725.
What you can learn from this
For Swiss SMEs, this case shows the importance of a thorough trademark search before filing. Even a short, memorable word like 'Club' can be invoked against a younger mark with additions like 'Lens' if the goods are similar. Do not be misled by the graphic design or the additional element: what matters is the overall impression, and for similar goods, a mere mental link to the earlier mark suffices.
Case ticker
This ticker follows the case automatically: new decisions appear here as soon as they are published in official sources.
Monitored automatically · Status: 06.09.2026
- 06.08.2026 TAF dismisses appeal: LensClub infringes Club mark, likelihood of confusion confirmed. Source
Entries are generated automatically from official sources. Decisions may be appealed and are not necessarily final.
Sources
Judgment of the Federal Administrative Court B-332/2024 of 6 August 2026.
Is your brand name strong enough?
Activate free basic protection and keep an eye on your trade mark and its environment.
This article was generated automatically from published decisions, is for information purposes and does not constitute legal advice.