In many jurisdictions, non-conventional trade marks are in principle recognised as valid and viable trade mark types, but trade mark owners seeking to register such marks will often face special problems, with stricter registrability tests being applied than in the case of conventional trade marks. This is certainly also the situation in Switzerland under current practice. However, in a recently published decision, the Federal Supreme Court established for the first time in its practice the criteria for registrability of musical marks (sound marks consisting of a sequence of musical notes) and thereby significantly facilitated the registration of such marks compared to the previous practice of the Swiss Trade Mark Office and the Federal Administrative Court.
