AACONCIERGE trademark dispute: non-use decides
American Airlines fails in its opposition against the AACONCIERGE mark because it cannot prove use of its earlier AA (fig.) mark.
What was the case about?
American Airlines Inc. (appellant) is the owner of Swiss trademark CH 446'362 'AA (fig.)', registered for transport services (class 39). aaconcierge AG (respondent) had the word mark CH 821'962 'AACONCIERGE' registered for services in classes 39 and 43 (including travel arrangement, room reservation). American Airlines filed an opposition, whereupon the respondent raised the defense of non-use of the opposing mark. IPI rejected the opposition because American Airlines did not prove genuine use of the 'AA (fig.)' mark; likelihood of confusion was not examined.
Against this decision, American Airlines appealed to the Federal Administrative Court, seeking the opposition's admission. The court did not consider the main request as it exceeded the subject matter, but examined the alternative request for referral. On the merits, it confirmed the lower authority's view: the appellant failed to prove genuine use of the 'AA (fig.)' mark. In particular, the use of the IATA code and a sworn declaration were insufficient to establish use meeting the requirements. The appeal was dismissed to the extent it was admissible.
Non-use of the opposing mark leads to dismissal
The Federal Administrative Court dismissed American Airlines' appeal to the extent it was admissible. It confirmed that the appellant had not proven genuine use of the 'AA (fig.)' mark. Court costs of CHF 4,500 were imposed on the appellant, who must also pay the respondent CHF 2,000 in party compensation.
What you can learn from this
For Swiss SMEs, this case is an important reminder: if you register a trademark, you must actually use it in a genuine manner, otherwise it cannot be enforced in opposition proceedings. The use must be in connection with the registered goods or services, in Switzerland or for export, and in an unchanged form. A mere company-related use or use as a code (e.g., IATA code) is not sufficient.
When defending against an opposition, SMEs should therefore check from the outset whether the opposing mark is actually used. If not, the non-use defense can be raised, which often leads to the failure of the opposition. Conversely, trademark owners should carefully document the use of their mark, e.g., with invoices, advertising materials, and photos, to be able to prove use in case of a dispute.
Case ticker
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Monitored automatically · Status: 06.09.2026
- 04.08.2026 FAC dismisses American Airlines' appeal: use of AA (fig.) mark not proven. Source
Entries are generated automatically from official sources. Decisions may be appealed and are not necessarily final.
Sources
Judgment of the Federal Administrative Court of 4 August 2026, B-780/2026.
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This article was generated automatically from published decisions, is for information purposes and does not constitute legal advice.