Am 21.06.2011 01:07, schrieb Matthias Julius:
Simon Poolesimon@poole.ch writes:
No, the whole point of trademark law is to stop competitors from labelling competing products with the same or similar names and any maps and route descriptions would clearly be exactly that. SchweizMobil has, as you probably know, taken the stance that we are competition (which in some aspects is clearly true).
Hmm, you certainly can not print a map and put a big SchweizMobil logo on the cover. But, are you really not allowed to publish a route description or a map from your own observations? And even if the route name was a registered trademark I would argue it applies to the route itself and not to the description or the map. And if you put that name on a map to refer to the original route you are using the trademark as a reference to that.
When you register a trademark (something that I've done many many times) you specify a product/service group(s) that you are/will be using the mark in. At least for those group(s) you get exclusive rights to sell , market etc. products with the mark. With other words you get far broader protection than just for the concrete product you are using the mark for.
For example the French hiking association has registered all it's marks in group 41 (and in a lot of other ones too): KLASSE 41 Erziehung; Ausbildung; Unterhaltung; sportliche und kulturelle Aktivitäten.
See: https://www.ige.ch/d/marke/documents/m12109d.pdf
Simon