Die massgeblichen Verkehrskreise im schweizerischen Markenrecht

The definition of the relevant circles of trade forms the starting point and foundation of any trademark assessment. Despite the great importance of this topic, no comprehensive treatise has yet been published. Based on the fundamental functions of the trademark and its registration requirements, the work first explains how the relevant circles of trade (including end consumers and competitors) can be determined using normative parameters, while also taking into account economic realities, based on the objectified list of goods and services. This is followed by a guide to identifying and normatively assessing the perception of the defined circles of trade in individual cases, particularly with reference to the European consumer model. The work further elaborates on how legal practitioners can draw on non-evidentiary experiential knowledge (such as experience rules) and obvious facts to clarify both areas. This publication is also beneficial for practitioners, thanks in part to a tabular compilation of the relevant circles of trade for all categories of the Nice Classification.