Die markenrechtliche Schutzfähigkeit der Produktverpackung

The choice of a product in a store or during online shopping often occurs solely based on the design of the packaging. Therefore, a sales-promoting product packaging frequently requires significant investments. How can a manufacturer legally protect the product packaging? This work outlines the conditions under which product packaging can be protected under Swiss trademark law. The first part addresses the most important legal foundations for design. The second part examines, with reference to relevant case law, particularly the distinctiveness and the need to keep product packaging free. A assessment concept is proposed to better consider the actual characteristics of product packaging in the trademark examination process.