“Swissone” versus “Toblerone”: Bern based Start-Up wins trademark dispute against Toblerone

"Toblerone" (established 1908 in Bern, registered trademark EU000031203 from 1996) wanted to bar the Bern-based Start-Up "Swissone" from production in 2020. According to “Toblerone”, the two brands “Swissone” and “Toblerone” are very similar. The accusation from “Toblerone” was that unfortunately, “Swissone” was both similar in name and design. There was a dispute about the exact shape of the points and the pronunciation of the final syllable "one". However, the Bernese Higher Court dismissed the case and came to the conclusion that there was no likelihood of confusion and consequently “Toblerone” should not prohibit the Bernese start-up from selling its product. "Toblerone" reserved further legal action. In the meantime, however, the deadline for filing legal remedies has passed and the lawsuit has not been brought before the Federal Supreme Court. Thus, the judgment is final.

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