Swiss electronic liquid manufacturer, Blakrow, which owns multiple brands, has received an unexpected challenge from a new name, Ted Wilson. The applicant is Japan Tobacco International (JTI), which alleges that its trademark is similar to the Winston brand.
Inteltech SA, which represented JTI in the intervention, is not an experimental company, as they have already folded some trademarks they believed to be similar.
In Switzerland, trademark registration is handled by the Intellectual Property Office (IGE). After reviewing whether a trademark can be accepted, the IGE President's office subsequently publishes the decision. Applicants can raise objections within three months of the publication. In cases of disputes, the Administrative Court has the right to make judgments at its discretion.
The argument against the Ted Wilson brand is that the sound is too similar on products that are nearly identical. According to JTI, there is not enough differentiation between a pack of cigarettes and a bottle of e-liquid. JTI's presentation argues that the industry is "interconnected.
During an interview, Alan Vogel from Blakrow stated that he will not surrender.
This is another opportunity to distance oneself from the tobacco industry, and it would be worse if I lost some feathers. While it is normal to defend a brand, there comes a time when you need to know how to stop. The "Ted Wilson" brand sounds nothing like "Winston" in terms of voice, and I will never accept electronic cigarettes being seen as part of the tobacco industry," he concluded.
JTI has not responded to our request for clarification at this time.
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