Swiss made is a label or marking used to indicate that a product was made on the territory of Switzerland . It is also a geographical indication protected under different Swiss and international laws and treaties. According to the Swiss Federal Act on the Protection of Trade Marks and Indications of Source, a good or service may be designated "Swiss made" if:
132-505: Most often associated with watches or timepieces made in Switzerland, Swiss law considers a watch to be Swiss made if its technical development is carried out in Switzerland, its movement is Swiss, if its movement is cased up in Switzerland, if the final inspection of the watch is conducted by the manufacturer in Switzerland, at least 60 per cent of the manufacturing costs are incurred in Switzerland. These legal criteria are stated in
264-602: A "Watch Wristlet" design in 1893, but probably produced similar designs from the 1880s. Officers in the British Army began using wristwatches during colonial military campaigns in the 1880s, such as during the Anglo-Burma War of 1885. During the First Boer War of 1880–1881, the importance of coordinating troop movements and synchronizing attacks against highly mobile Boer insurgents became paramount, and
396-592: A "first-to-file" system, which grants rights to the first entity to register the mark. However, well-known trademarks are an exception, as they may receive protection even without registration. In contrast, a few countries, like the United States, Canada, and Australia, follow a "first-to-use" or hybrid system, where using the mark in commerce can establish certain rights, even without registration. However, registration in these countries still provides stronger legal protection and enforcement. For example, in
528-575: A 'made in Switzerland' designation can be affixed to a product and when it cannot. Appropriate criteria have only been developed by individual cantonal courts up until now. Products are, however, sold which are not 100% Swiss-manufactured. In such cases, the actual legal practice is based on the rules laid down in Article 48 of the Trademark Law and a 1968 ruling issued by the trade court of St. Gallen, reiterated in 1992. These court rulings outline
660-637: A Swiss movement, is assembled and controlled in Switzerland by the Manufacture d'horlogerie and when 60% of its manufacturing costs are Swiss. The legal standards for the use of "Swiss made" on a watch are a very minimum standard, and the Swissness of a watch is largely dependent on the brand and its reputation . A watch is considered Swiss, according to the Swiss law, if: If a watch movement
792-572: A blend of both. Most watches intended mainly for timekeeping today have electronic movements, with mechanical hands on the watch face indicating the time. Compared to electronic movements, mechanical watches are less accurate, often with errors of seconds per day; are sensitive to position, temperature, and magnetism; are costly to produce; require regular maintenance and adjustments; and are more prone to failures. Nevertheless, mechanical watches attract interest from consumers, particularly among watch collectors. Skeleton watches are designed to display
924-444: A company or product. A trademark, by contrast, offers legal protection for a brand with enforceable rights over the brand's identity and distinguishing elements. Trademark law is designed to fulfill the public policy objective of consumer protection , by preventing the public from being misled as to the origin or quality of a product or service. By identifying the commercial source of products and services, trademarks facilitate
1056-467: A competitor uses the same or a confusingly similar trademark for the same or similar products in a jurisdiction where the trademark is protected. This concept is recognized in many jurisdictions, including the United States, the European Union, and other countries, though specific legal standards may vary. To establish trademark infringement in court, the plaintiff generally must show: Trademark
1188-424: A decade – almost 100 years of dominance by the mechanical wristwatch legacy. Modern quartz movements are produced in very large quantities, and even the cheapest wristwatches typically have quartz movements. Whereas mechanical movements can typically be off by several seconds a day, an inexpensive quartz movement in a child's wristwatch may still be accurate to within half a second per day – ten times more accurate than
1320-630: A distinctive label or ticket'. In the United States , Congress first attempted to establish a federal trademark regime in 1870. This statute purported to be an exercise of Congress' Copyright Clause powers. However, the Supreme Court struck down the 1870 statute in the Trade-Mark Cases later on in the decade. In 1881, Congress passed a new trademark act, this time according to its Commerce Clause powers. Congress revised
1452-562: A foreign license will still be Swiss in origin, while a product manufactured abroad using Swiss recipes or Swiss methods will still be foreign in origin. Practically, the Federal Council Ordinance of December 23, 1971 to regulate the use of the SWISS appellation for watches was partially revised on June 17, 2016 at the request of the industry, in order to strengthen the protection of the geographical indication. According to
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#17327973882551584-437: A generic product or service name. They should stand out from the surrounding text using capital letters, bold type, italics, color, underlining, quotation marks, or a unique stylized format. For example, say “LEGO® toy blocks” instead of “Lego’s.” A trademark may be designated by the following symbols: While ™ and ℠ apply to unregistered marks (™ for goods and ℠ for services), the ® symbol indicates official registration with
1716-424: A leather strap, but by the early 20th century, manufacturers began producing purpose-built wristwatches. The Swiss company Dimier Frères & Cie patented a wristwatch design with the now standard wire lugs in 1903. In 1904, Louis Cartier produced a wristwatch to allow his friend Alberto Santos-Dumont to check flight performance in his airship while keeping both hands on the controls as this proved difficult with
1848-478: A line of wristwatches. The impact of the First World War of 1914–1918 dramatically shifted public perceptions on the propriety of the man's wristwatch and opened up a mass market in the postwar era. The creeping barrage artillery tactic, developed during the war, required precise synchronization between the artillery gunners and the infantry advancing behind the barrage. Service watches produced during
1980-609: A loss of rights in the trademark. It is still possible to make significant changes to the underlying goods or services during a sale without jeopardizing the trademark, but companies will often contract with the sellers to help transition the mark and goods or services to the new owners to ensure continuity of the trademark. Trademarks are often confused with patents and copyrights . Although all three laws protect forms of intangible property, collectively known as intellectual property (IP), they each have different purposes and objectives: Among these types of IP, only trademark law offers
2112-492: A manner analogous to the pendulum of a pendulum clock . The tourbillon , an optional part for mechanical movements, is a rotating frame for the escapement, used to cancel out or reduce gravitational bias. Due to the complexity of designing a tourbillon, they are expensive, and typically found in prestigious watches. The pin-lever escapement (called the Roskopf movement after its inventor, Georges Frederic Roskopf ), which
2244-620: A mechanical movement. After a consolidation of the mechanical watch industry in Switzerland during the 1970s, mass production of quartz wristwatches took off under the leadership of the Swatch Group of companies, a Swiss conglomerate with vertical control of the production of Swiss watches and related products. For quartz wristwatches, subsidiaries of Swatch manufacture watch batteries ( Renata ), oscillators ( Oscilloquartz , now Micro Crystal AG) and integrated circuits (Ebauches Electronic SA, renamed EM Microelectronic-Marin ). The launch of
2376-407: A pocket watch. Cartier still markets a line of Santos-Dumont watches and sunglasses. In 1905, Hans Wilsdorf moved to London, and set up his own business, Wilsdorf & Davis, with his brother-in-law Alfred Davis, providing quality timepieces at affordable prices; the company became Rolex in 1915. Wilsdorf was an early convert to the wristwatch, and contracted the Swiss firm Aegler to produce
2508-700: A replaceable battery . The first use of electrical power in watches was as a substitute for the mainspring, to remove the need for winding. The first electrically powered watch, the Hamilton Electric 500, was released in 1957 by the Hamilton Watch Company of Lancaster, Pennsylvania . Watch batteries (strictly speaking cells, as a battery is composed of multiple cells) are specially designed for their purpose. They are very small and provide tiny amounts of power continuously for very long periods (several years or more). In most cases, replacing
2640-461: A requirement in this case. The draft also stipulates other provisions concerning the definition of Swiss constituent parts and assembly in Switzerland. With a rate of 80%, the FH proposed to lay particular emphasis on the mechanical watch. With these proposals, objectives in terms of protecting the Swiss made label should be attained. The proposed criteria also take into account the place of manufacture and
2772-549: A self-winding system as a separate module that could be used with almost any 8.75 ligne (19.74 millimeter) watch movement. Glycine incorporated this module into its watches in October 1930, and began mass-producing automatic watches. The Elgin National Watch Company and the Hamilton Watch Company pioneered the first electric watch . The first electric movements used a battery as a power source to oscillate
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#17327973882552904-601: A sparse number of court opinion on the topic can be found; in particular, the decision of the Commercial Court of St. Gallen according to which the value of the Swiss portion of the manufacturing costs including raw materials, sub-assemblies, accessory parts, salaries, and general manufacturing costs but excluding operating expenses, must be at least 50% and the "essential manufacturing process" which must have taken place in Switzerland. Exactly how "essential manufacturing process" should be understood has been illustrated by
3036-400: A specific highly stable frequency, which is used to accurately pace a timekeeping mechanism. Most quartz movements are primarily electronic but are geared to drive mechanical hands on the face of the watch to provide a traditional analog display of the time, a feature most consumers still prefer. In 1959 Seiko placed an order with Epson (a subsidiary company of Seiko and the 'brain' behind
3168-458: A watch if: A movement is considered to be Swiss if: Watch A watch is a portable timepiece intended to be carried or worn by a person. It is designed to keep a consistent movement despite the motions caused by the person's activities. A wristwatch is designed to be worn around the wrist , attached by a watch strap or other type of bracelet , including metal bands, leather straps, or any other kind of bracelet. A pocket watch
3300-701: A whole. Trademark protection does not apply to utilitarian features of a product such as the plastic interlocking studs on Lego bricks. The earliest examples of use of markings date back to around 15,000 years ago in Prehistory . Similar to branding practices, the Lascaux cave paintings in France, for instance, depict bulls with marks, which experts believe may have served as personal marks to indicate livestock ownership. Around 6,000 years ago, Egyptian masonry featured quarry marks and stonecutters' signs to identify
3432-431: A winding, requiring winding daily, some run for several days; a few have 192-hour mainsprings, requiring once-weekly winding. A self-winding or automatic watch is one that rewinds the mainspring of a mechanical movement by the natural motions of the wearer's body. The first self-winding mechanism was invented for pocket watches in 1770 by Abraham-Louis Perrelet, but the first " self-winding ", or "automatic", wristwatch
3564-400: A wrist. They generally incorporate timekeeping functions, but these are only a small subset of the smartwatch's facilities. In general, modern watches often display the day, date, month, and year. For mechanical watches, various extra features called " complications ", such as moon-phase displays and the different types of tourbillon , are sometimes included. Most electronic quartz watches, on
3696-402: A wristwatch, described as an "armed watch", from Robert Dudley . The oldest surviving wristwatch (then described as a "bracelet watch") is one made in 1806, and given to Joséphine de Beauharnais . From the beginning, wristwatches were almost exclusively worn by women – men used pocket watches up until the early 20th century. In 1810, the watch-maker Abraham-Louis Breguet made a wristwatch for
3828-493: Is "escalator," which was once a trademark. In contrast, patents have a fixed term, typically lasting 20 years from the filing date, after which the invention enters the public domain. Copyrights generally last for the life of the author plus an additional 50 to 70 years (depending on the jurisdiction), after which the protected work enters the public domain. Although intellectual property laws such as these are theoretically distinct, more than one type may afford protection to
3960-440: Is a cheaper version of the fully levered movement, was manufactured in huge quantities by many Swiss manufacturers, as well as by Timex , until it was replaced by quartz movements. Introduced by Bulova in 1960, tuning-fork watches use a type of electromechanical movement with a precise frequency (most often 360 Hz ) to drive a mechanical watch. The task of converting electronically pulsed fork vibration into rotary movements
4092-417: Is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a product or service from a particular source and distinguishes it from others. Trademarks can also extend to non-traditional marks like drawings, symbols, 3D shapes like product designs or packaging, sounds, scents, or specific colors used to create a unique identity. For example, Pepsi®
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4224-419: Is a fusion between a regular mechanical watch and a smartwatch. The movement and case are the basic parts of a watch. A watch band or bracelet is added to form a wristwatch; alternatively, a watch chain is added to form a pocket watch. The case is the outer covering of the watch. The case back is the back portion of the watch's case. Accessing the movement (such as during battery replacement) depends on
4356-501: Is a registered trademark associated with soft drinks, and the distinctive shape of the Coca-Cola® bottle is a registered trademark protecting Coca-Cola's packaging design. The primary function of a trademark is to identify the source of goods or services and prevent consumers from confusing them with those from other sources. Legal protection for trademarks is typically secured through registration with governmental agencies, such as
4488-630: Is claimed to be accurate to +/− 10 seconds a year and has a smooth sweeping second hand rather than one that jumps each second. Radio time signal watches are a type of electronic quartz watch that synchronizes ( time transfers ) its time with an external time source such as in atomic clocks , time signals from GPS navigation satellites, the German DCF77 signal in Europe, WWVB in the US, and others. Movements of this type may, among others, synchronize
4620-483: Is considered Swiss whose movement is Swiss, whose movement is encased in Switzerland and whose final control by the manufacturer takes place in Switzerland. Conversely, the Swiss manufacturers of parts destined for foreign watches from then on were authorized to visibly indicate that their products come from Switzerland. These innovations were intended to improve the transparency as regards the source of products. Consumers were expected to clearly recognize from what countries
4752-401: Is designed for a person to carry in a pocket , often attached to a chain. Watches appeared in the 16th century. During most of its history, the watch was a mechanical device, driven by clockwork , powered by winding a mainspring , and keeping time with an oscillating balance wheel . These are called mechanical watches . In the 1960s the electronic quartz watch was invented, which
4884-474: Is done via two tiny jeweled fingers, called pawls. Tuning-fork watches were rendered obsolete when electronic quartz watches were developed. Traditional mechanical watch movements use a spiral spring called a mainspring as its power source that must be rewound periodically by the user by turning the watch crown. Antique pocket watches were wound by inserting a key into the back of the watch and turning it. While most modern watches are designed to run 40 hours on
5016-435: Is inherently distinctive (able to identify and distinguish a single source of goods or services), often falling into categories such as suggestive, fanciful, or arbitrary, and is therefore registerable. In contrast, weak trademarks tend to be either descriptive or generic and may not be registerable. The registration process typically begins with a trademark clearance search to identify potential conflicts that could prevent
5148-454: Is intended for export and will not be cased-up in Switzerland, but it otherwise meets the criteria to be considered a Swiss movement, the watch may say "Swiss Movement" but it may not say Swiss made nor “Swiss Movt” on the watch case or dial. A watch that says "Swiss Quartz" is supposed to be manufactured in Switzerland according to the legal criteria above-stated. However, it is often improperly used by foreign manufacturers to merely indicate that
5280-503: Is required to act as the "basic mark." In the international application, the trademark owner can designate one or more Madrid System Member countries for protection. Each designated country’s trademark office will review the Madrid application under its local laws to grant or refuse protection. In the United States, for example, a trademark must first be registered or pending with the U.S. Patent and Trademark Office (USPTO) to serve as
5412-466: Is subject to various defenses, such as abandonment, limitations on geographic scope , and fair use. In the United States, the fair use defense protects many of the interests in free expression related to those protected by the First Amendment . Fair use may be asserted on two grounds, either that the alleged infringer is using the mark to describe accurately an aspect of its products, or that
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5544-418: Is that the original characteristics of the goods are lost through the manufacturing process, and the possible application of the goods is different from that of the basic materials of foreign origin used in their manufacture. In addition, the origin of goods is determined by the place where they are produced, not by where the idea for producing these goods was conceived. A product manufactured in Switzerland under
5676-464: Is the more common, but on some older watches, for example, the word "Swiss" appears alone on the dial at the six o'clock position. There are two sections of the Swiss law that pertain to the use of the name Swiss made. The first law, which applies to all types of Swiss products, is the "Federal Act on the Protection of Trade Marks and Indications of Source". Its article 50 provided the authority for
5808-606: Is used to refer to both trademarks and service marks. Similarly, the World Intellectual Property Organization (WIPO) defines a trademark as a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. WIPO administers the Madrid Protocol , which allows trademark owners worldwide to file one application to register their trademark in multiple countries. Almost anything that identifies
5940-616: The Federation of the Swiss Watch Industry FH (FH) a trade organization. 30 companies have opposed such efforts under which the lobbying group IG Swiss made. Many are afraid to share their identity but Ronnie Bernheim, co-CEO of Mondaine , has been outspoken on this issue, and defends "Swissness more as a promise than a physical manifestation". Mondaine admits that it uses non-Swiss dials and cases though Bernheim has declined to disclose their country of origin. In 2007,
6072-643: The Observatory of Neuchâtel in 1967. In 1970, 18 manufacturers exhibited production versions of the beta 21 wristwatch, including the Omega Electroquartz as well as Patek Philippe , Rolex Oysterquartz and Piaget . The first quartz watch to enter production was the Seiko 35 SQ Astron , which hit the shelves on 25 December 1969, swiftly followed by the Swiss Beta 21, and then a year later
6204-647: The Paris Convention and the Madrid Protocol , simplify the registration and protection of trademarks across multiple countries. Additionally, the TRIPS Agreement sets minimum standards for trademark protection and enforcement that all member countries must follow. The term trademark can also be spelled trade mark in regions such as the EU, UK, and Australia, and as trade-mark in Canada. Despite
6336-592: The United States Patent and Trademark Office (USPTO) or the European Union Intellectual Property Office (EUIPO). Registration provides the owner certain exclusive rights and provides legal remedies against unauthorized use by others. Trademark laws vary by jurisdiction but generally allow owners to enforce their rights against infringement, dilution, or unfair competition. International agreements, such as
6468-904: The most expensive watch ever sold at auction was the Patek Philippe Henry Graves Supercomplication , the world's most complicated mechanical watch until 1989, fetching US$ 24 million ( CHF 23,237,000) in Geneva on 11 November 2014. As of December 2019, the most expensive watch ever sold at auction (and wristwatch) was the Patek Philippe Grandmaster Chime Ref. 6300A-010, fetching US$ 31.19 million (CHF 31,000,000) in Geneva on 9 November 2019. Watches evolved from portable spring-driven clocks, which first appeared in 15th-century Europe. The first timepieces to be worn, made in
6600-655: The quartz watch in 1969 in the form of the Seiko Astron 35SQ , and in 1970 in the form of the Omega Beta 21 was a revolutionary improvement in watch technology. In place of a balance wheel, which oscillated at perhaps 5 or 6 beats per second, these devices used a quartz-crystal resonator , which vibrated at 8,192 Hz, driven by a battery-powered oscillator circuit . Most quartz-watch oscillators now operate at 32,768 Hz, though quartz movements have been designed with frequencies as high as 262 kHz. Since
6732-646: The "basic mark" necessary for Madrid filings. The trademark registration process with the USPTO generally follows these steps: Trademark owners seeking protection in multiple jurisdictions have two options: the Paris route, under the Paris Convention , or the Madrid System , which is administered by WIPO . The Paris route, covering 180 countries and also known as the "direct route," requires filing separate applications with each country’s IP office. In contrast,
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#17327973882556864-495: The 16th century beginning in the German cities of Nuremberg and Augsburg , were transitional in size between clocks and watches. Nuremberg clockmaker Peter Henlein (or Henle or Hele) (1485–1542) is often credited as the inventor of the watch. However, other German clockmakers were creating miniature timepieces during this period, and there is no evidence Henlein was the first. Watches were not widely worn in pockets until
6996-468: The 17th century. One account suggests that the word "watch" came from the Old English word woecce – which meant "watchman" – because town watchmen used the technology to keep track of their shifts at work. Another says that the term came from 17th-century sailors, who used the new mechanisms to time the length of their shipboard watches (duty shifts). A rise in accuracy occurred in 1657 with
7128-468: The 1980s, more quartz watches than mechanical ones have been marketed. The Timex Datalink wristwatch was introduced in 1994. The early Timex Datalink Smartwatches realized a wireless data transfer mode to receive data from a PC. Since then, many companies have released their own iterations of a smartwatch, such as the Apple Watch , Samsung Galaxy Watch , and Huawei Watch . A hybrid smartwatch
7260-699: The CEH research laboratory in Neuchâtel , Switzerland. From 1965 through 1967 pioneering development work was done on a miniaturized 8192 Hz quartz oscillator, a thermo-compensation module, and an in-house-made, dedicated integrated circuit (unlike the hybrid circuits used in the later Seiko Astron wristwatch). As a result, the BETA 1 prototype set new timekeeping performance records at the International Chronometric Competition held at
7392-528: The English translation, "Swiss" if the legal criteria stated in the abovementioned Ordinance are met. Outside of the jurisdiction of Switzerland, the same legal requirements for the use of the terms "Swiss" and "Swiss Made" may apply, notably for watches in the European Union , United States and Hong Kong as certification/collective marks “SWISS” are registered. The wording was formally adopted in
7524-429: The European Union requires "genuine use" of the mark within a continuous five-year period following registration to maintain the trademark, with non-use potentially resulting in revocation. The trademark owner must enforce their rights to preserve the trademark's distinctiveness , prevent trademark infringement, and avoid dilution. Enforcement after registration generally involves: Trademark infringement occurs when
7656-424: The European Union. A higher value criterion would not have allowed Switzerland to meet its international commitments and was, therefore, refused. The most popular items by far to have the "Swiss made" labels are Swiss watches. Almost all Swiss watchmakers, with the notable exception of old Breitling timepieces, label their watches prominently on the dial. By convention, the words are fully capitalized, positioned on
7788-549: The FH plans to seek political action on a proposal which introduces a new aspect to the definition of Swiss made, in the form of a value criterion. Accordingly, any mechanical watch in which at least 80% of the production cost is attributable to operations carried out in Switzerland would be considered as a mechanical Swiss watch. For other watches, particularly electronic watches, this rate would be 60%. Technical construction and prototype development would moreover need to be carried out in Switzerland. Raw materials, precious stones and
7920-562: The Federation of the Swiss Watch Industry, the intention is to “guarantee satisfaction of the consumer who, when buying a Swiss made watch, expects it to correspond to the quality and the reputation of Swiss watchmaking tradition and therefore to be manufactured in Switzerland and to incorporate a high added value of Swiss origin.” According to that ordinance, the geographical indication Switzerland or Swiss can be used on
8052-468: The Madrid System streamlines the process by allowing a single Madrid application, built on an existing or applied-for national or regional registration (the "basic mark"), to extend protection to up to 131 countries. Unlike patents and copyrights , which have fixed expiration dates, trademark registrations typically have an initial term of 10 years and can be renewed indefinitely, as long as
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#17327973882558184-579: The Ordinance on the Use of «Switzerland» or «Swiss» for Watches. Besides the "Swiss made" requirements, the indication «Swiss movement» may be placed on watches that contain a Swiss movement. The word «movement» must be written in full and must be of the same typeface, size and colour as the designation «Swiss». In addition to "Swiss made", under Swiss law watches may carry the words " Suisse ", " produit suisse ", " fabriqué en Suisse ", " qualité suisse " or simply
8316-537: The Queen of Naples. The first Swiss wristwatch was made in the year 1868 by the Swiss watch-maker Patek Philippe for Countess Koscowicz of Hungary. Wristwatches were first worn by military men towards the end of the 19th century, having increasingly recognized the importance of synchronizing maneuvers during war without potentially revealing plans to the enemy through signaling. The Garstin Company of London patented
8448-577: The Roman Empire. Other notable trademarks that have been used for a long time include Stella Artois , which claims use of its mark since 1366, and Löwenbräu , which claims use of its lion mark since 1383. The first trademark legislation was passed by the Parliament of England under the reign of King Henry III in 1266, which required all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in
8580-528: The Trademark Act in 1905. The Lanham Act of 1946 updated the law and has served, with several amendments, as the primary federal law on trademarks. The Trade Marks Act 1938 in the United Kingdom set up the first registration system based on the "intent-to-use" principle. The Act also established an application publishing procedure and expanded the rights of the trademark holder to include
8712-492: The Trademark Electronic Search System (TESS) in 2023. A comprehensive clearance search involves checking the USPTO database for federally registered and applied-for trademarks, state trademark databases, and the internet to see if someone else has already registered that trademark or a similar one. The search should also include looking at both words and designs. To search for similar designs in
8844-486: The UK Patent Office for the first time. Registration was considered to comprise prima facie evidence of ownership of a trademark and registration of marks began on 1 January 1876. The 1875 Act defined a registrable trade mark as a device or mark, or name of an individual or firm printed in some particular and distinctive manner; or a written signature or copy of a written signature of an individual or firm; or
8976-400: The USPTO database, design search codes must be used. WIPO ’s Global Brand Database provides international access to trademarks and emblems. Trademark owners can either maintain protection at the national level or expand internationally through the Madrid System by building on their national registration. To pursue international protection, a national registration or pending application
9108-584: The United States, trademark rights are established either (1) through first use of the mark in commerce, creating common law rights limited to the geographic areas of use, or (2) through federal registration with the U.S. Patent and Trademark Office (USPTO), with use in commerce required to maintain the registration. Federal registration with the USPTO provides additional benefits, such as: Trademark law grants legal protection to "distinctive" trademarks, which are marks that allow consumers to easily associate them with specific products or services. A strong trademark
9240-498: The addition of the balance spring to the balance wheel, an invention disputed both at the time and ever since between Robert Hooke and Christiaan Huygens . This innovation increased watches' accuracy enormously, reducing error from perhaps several hours per day to perhaps 10 minutes per day, resulting in the addition of the minute hand to the face from around 1680 in Britain and around 1700 in France. The increased accuracy of
9372-459: The alleged infringer is using the mark to identify the mark owner. One of the most visible proofs that trademarks provide a limited right in the U.S. comes from the comparative advertising that is seen throughout U.S. media. An example of the first type is that although Maytag owns the trademark "Whisper Quiet" for its dishwashers, makers of other products may describe their goods as being "whisper quiet" so long as these products do not fall under
9504-623: The application of duplicating tools and machinery in 1843. In the United States , Aaron Lufkin Dennison started a factory in 1851 in Massachusetts that used interchangeable parts , and by 1861 a successful enterprise operated, incorporated as the Waltham Watch Company . The concept of the wristwatch goes back to the production of the very earliest watches in the 16th century. In 1571, Elizabeth I of England received
9636-494: The balance assembly delivered the power to the balance wheel. Similar designs from many other watch companies followed. Another type of electric watch was developed by the Bulova company that used a tuning-fork resonator instead of a traditional balance wheel to increase timekeeping accuracy, moving from a typical 2.5–4 Hz with a traditional balance wheel to 360 Hz with the tuning-fork design. The commercial introduction of
9768-525: The balance wheel and the escapement for accuracy by laser . The low parts count and the fully automated assembly make it an inexpensive automatic Swiss watch. Electronic movements, also known as quartz movements, have few or no moving parts, except a quartz crystal which is made to vibrate by the piezoelectric effect . A varying electric voltage is applied to the crystal, which responds by changing its shape so, in combination with some electronic components, it functions as an oscillator . It resonates at
9900-409: The balance wheel focused attention on errors caused by other parts of the movement , igniting a two-century wave of watchmaking innovation. The first thing to be improved was the escapement . The verge escapement was replaced in quality watches by the cylinder escapement , invented by Thomas Tompion in 1695 and further developed by George Graham in the 1720s. Improvements in manufacturing – such as
10032-482: The balance wheel. During the 1950s, Elgin developed the model 725, while Hamilton released two models: the first, the Hamilton 500, released on 3 January 1957, was produced into 1959. This model had problems with the contact wires misaligning, and the watches returned to Hamilton for alignment. The Hamilton 505, an improvement on the 500, proved more reliable: the contact wires were removed and a non-adjustable contact on
10164-438: The barring of trademark use even in cases where confusion remained unlikely. This Act served as a model for similar legislation elsewhere. The oldest registered trademark has various claimants, enumerated below: Trademark protection can be acquired through registration and/or, in certain countries, through use. Globally, the most common method for establishing trademark rights is registration. Most countries operate under
10296-420: The battery requires a trip to a watch-repair shop or watch dealer; this is especially true for watches that are water-resistant, as special tools and procedures are required for the watch to remain water-resistant after battery replacement. Silver-oxide and lithium batteries are popular today; mercury batteries, formerly quite common, are no longer used, for environmental reasons. Cheap batteries may be alkaline, of
10428-520: The battery would be excluded from the production cost. The Swiss movement in the existing ordinance already has a value criterion, namely the rate of 50%. Considering that here, too, the definition needs reinforcing, the draft amends these value criteria. For mechanical movements therefore, the rate would be at least 80% of the value of all constituent parts. For other movements, particularly electronic movements, this rate would be 60%. Technical construction and prototype development in Switzerland would also be
10560-436: The bottom of the face, split by the half-hour indicator if available, curved along the bottom edge as necessary. Watches made in other countries typically indicate their country of origin on the back of the watch, except for very few well-known high-end manufacturers. Besides watchmakers, Swiss software companies are marking their software with the "Swiss made" software label to declare the origin of their products. In principle,
10692-423: The conditions for the legal use of the designation "Swiss Made" and similar designations, especially for goods not manufactured in Switzerland in their entirety. In pertinent part the case law holds: Products are considered Swiss products if they are fundamentally local products or if they have been completely manufactured in Switzerland. In the case of products that have been only partly manufactured in Switzerland,
10824-536: The decades progressed and the efficiency of the solar cells increased while the power requirements of the movement and display decreased, solar watches began to be designed to look like other conventional watches. A rarely used power source is the temperature difference between the wearer's arm and the surrounding environment (as applied in the Citizen Eco-Drive Thermo). Trademark A trademark (also written trade mark or trade-mark )
10956-595: The different spellings, all three terms denote the same concept. In the United States, the Lanham Act defines a trademark as any word, phrase, symbol, design, or combination of these things used to identify goods or services. Trademarks help consumers recognize a brand in the marketplace and distinguish it from competitors. A service mark , also covered under the Lanham Act, is a type of trademark used to identify services rather than goods. The term trademark
11088-518: The enactment of the second law, the Ordinance on the Use of «Switzerland» or «Swiss» for Watches , relating specifically to Swiss watches. The text of either law is available not only on French, German or Italian, the principal official languages of Switzerland, but also on English. Currently the aforementioned Swiss legal standards permit watch brands or watchmakers to label watches Swiss made under certain legally defined circumstances. These standards have changed over time and were not always codified in
11220-442: The following two examples: For a woven scarf to be considered a product of Swiss origin because of a particular coating it has received in Switzerland which stiffened the fabric (although this clearly is an important characteristic of the quality) is insufficient. In the eyes of the customer, the quality of the woven fabric is such an important characteristic of the product that fabric can only be indicated as being of Swiss origin if it
11352-409: The identification of products and services which meet the expectations of consumers as to the quality and other characteristics. Trademarks may also serve as an incentive for manufacturers, providers, or suppliers to consistently provide quality products or services to maintain their business reputation. Furthermore, if a trademark owner does not maintain quality control and adequate supervision about
11484-429: The industry, because it is considered too lax, but also in legal circles, where the view is that it no longer fully meets the legal mandate specified in the companion law on trademarks . The first Ordinance on the Use of «Switzerland» or «Swiss» for Watches published in 1971 mainly defined the Swiss movement and did not give specific criteria for the watch as a whole. However, it had already a criterion of value-added for
11616-506: The ink regulating system). That is why these parts of a fountain pen are not considered subsidiary parts. Thus, a fountain pen may not be marked as a Swiss product if only the nib has been manufactured in Switzerland. The current legislation contains only very generally formulated conditions which must be met for using a ‘made in Switzerland’ designation. With the exception of watches, no concrete criteria exist regarding when and by whom
11748-413: The late 19th century and is unique in that most other countries use the phrase "Made in (Country Name)". The most obvious place where the label is found is on Swiss watches. The Swiss laws permit the use of the words "Suisse", "produit suisse", "fabriqué en Suisse", "qualité suisse" or the translations, "Swiss", "Swiss made", "Switzerland", only on watches manufactured in Switzerland. The label "Swiss Made"
11880-574: The late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857 with the "Manufacture and Goods Mark Act". In Britain, the Merchandise Marks Act 1862 made it a criminal offense to imitate another's trade mark 'with intent to defraud or to enable another to defraud'. The passing of the Trade Marks Registration Act 1875 allowed formal registration of trademarks at
12012-463: The law defines a Swiss watch, the definition of which is dependent on certain aspects of its movement. The law then goes on to define under what circumstances a watch movement may be considered Swiss made. The law then sets forth the conditions for the use of the name Swiss on watches, on watch cases, on watch movements, on watch dials and on replacement watch parts. In sum, a watch is considered Swiss when it has been developed in Switzerland, it uses
12144-532: The manufacture and provision of products or services supplied by a licensee, such "naked licensing" will eventually adversely affect the owner's rights in the trademark. For US law see, ex. Eva's Bridal Ltd. v. Halanick Enterprises, Inc. 639 F.3d 788 (7th Cor. 2011). This proposition has, however, been watered down by the judgment of the House of Lords in the case of Scandecor Development AB v. Scandecor Marketing AB et al. [2001] UKHL 21; wherein it has been held that
12276-415: The mark remains in continuous use in commerce. If the trademark owner stops using the mark for too long (typically three to five years, depending on the jurisdiction), the trademark rights may be lost. For example, in the United States, trademark rights are based on use in commerce. If a mark is not used for three consecutive years, it is presumed abandoned and becomes vulnerable to challenges. Similarly,
12408-405: The mechanism for aesthetic purposes. A mechanical movement uses an escapement mechanism to control and limit the unwinding and winding parts of a spring, converting what would otherwise be a simple unwinding into a controlled and periodic energy release. The movement also uses a balance wheel , together with the balance spring (also known as a hairspring), to control the gear system's motion in
12540-476: The mere fact that a bare license (the equivalent of the United States concept of a naked license) has been granted did not automatically mean that a trademark was liable to mislead. By the same token, trademark holders must be cautious in the sale of their mark for similar reasons as apply to licensing. When assigning an interest in a trademark, if the associated product or service is not transferred with it, then this may be an "assignment-in-gross" and could lead to
12672-451: The movement. A watch is considered to be Swiss if its movement: a. Α been assembled in Switzerland and; b. Has been started, adjusted and checked by the manufacturer in Switzerland, and; c. Is of Swiss manufacture for at least 50 per cent of the value of all constituent parts, but without the cost of assembly and; d. Is subject to legal technical inspection in Switzerland according to the system in force. The Swiss Federal Council modified
12804-465: The name "Switzerland", as well as designations such as "Swiss", "Swiss quality", "Made in Switzerland", "Swiss made" or others containing the Swiss name, can only be used for products manufactured in Switzerland. This also applies to the translation of any of these terms into any other language. The conditions for using "Switzerland" or "Swiss" for products are defined very generally in the Trademark Law as follows: The origin of goods shall be determined by
12936-447: The national law, so older watches which bear the mark Swiss made may not necessarily meet the current legal definition. On the other hand, they might well exceed the current legal definition of Swiss made, which remains a minimum threshold. The Ordinance on the Use of «Switzerland» or «Swiss» for Watches first defines a "watch" (as opposed to a clock) by the dimensions of its movement in its Article 1, Definition of «watch». Thereafter,
13068-670: The new SWATCH brand in 1983 was marked by bold new styling, design, and marketing. Today, the Swatch Group maintains its position as the world's largest watch company. Seiko 's efforts to combine the quartz and mechanical movements bore fruit after 20 years of research, leading to the introduction of the Seiko Spring Drive , first in a limited domestic market production in 1999 and to the world in September 2005. The Spring Drive keeps time within quartz standards without
13200-479: The ordinance regulating the use of the "Swiss" name for watches in May 1995. This revision was explained in a press release entitled On foreign parts for watches . This was said to bring the requirements of Swiss watchmaking industry a rubric like those of the European Union. In essence, the revision made it possible to affix indications of "Swiss made" on foreign watchcases and dials intended to equip Swiss watches. A watch
13332-474: The origin of components, thereby complying with the law on trademarks which serves as the legal basis of the "Swiss made" Ordinance. However, it will be up to the Federal Council to reach a final decision on the matter. The minimum rate of 60% was finally chosen for all type of watches in 2016 by the Federal Council as it corresponds to the rate used in the free-trade agreement between Switzerland and
13464-440: The origin of the intellectual property embodied in the product and the special circumstances in the respective industry must also be taken into due consideration. Accordingly, there are two conditions that must be fulfilled for goods to be legally labelled as being of Swiss origin: The "most important part of the manufacturing process" is that part of the process that results in a completely new product. The determining factor here
13596-718: The other hand, include time-related features such as timers , chronographs , and alarm functions. Furthermore, some modern watches (like smart watches) even incorporate calculators , GPS and Bluetooth technology or have heart-rate monitoring capabilities, and some of them use radio clock technology to regularly correct the time. Most watches that are used mainly for timekeeping have quartz movements. However, expensive collectible watches, valued more for their elaborate craftsmanship, aesthetic appeal, and glamorous design than for simple timekeeping, often have traditional mechanical movements, despite being less accurate and more expensive than their electronic counterparts. As of 2018,
13728-525: The place of manufacture or by the origin of the basic materials and components used. The Federal Council can specify such conditions if it is justified by general economic interests or by the interests of individual sectors. Up until today, this has only been done – after a protracted debate concerning the highly controversial interests in the watch sector – with the “Swiss-made” ordinance for watches (the Watch Ordinance). Besides this regulation, only
13860-421: The possibility of perpetual rights, provided the trademark is continuously used and renewed. However, if a trademark is no longer in use, its registration may be subject to cancellation. Trademarks can also lose protection through genericide , a process where a trademark becomes so widely used to refer to a category of goods or services that it loses its distinctiveness and legal protection. A well-known example
13992-479: The prototype of one of the world's most accurate wristwatches to date: the Omega Marine Chronometer . Since the technology having been developed by contributions from Japanese, American and Swiss, nobody could patent the whole movement of the quartz wristwatch, thus allowing other manufacturers to participate in the rapid growth and development of the quartz watch market. This ended – in less than
14124-435: The quartz movement is of Swiss origin. Use of the Swiss made label for watches is covered by an ordinance of the Federal Council dated 29 December 1971. The Swiss standard is often pejoratively referred to as the 60% Rule. However, it has its basis in real life economics. Again, the law merely sets forth a minimum standard. The Swiss Made Ordinance has, for a number of years, been subject to many criticisms, particularly inside
14256-540: The quartz revolution) to start developing a quartz wristwatch. The project was codenamed 59A. By the 1964 Tokyo Summer Olympics , Seiko had a working prototype of a portable quartz watch which was used as the time measurements throughout the event. The first prototypes of an electronic quartz wristwatch (not just portable quartz watches as the Seiko timekeeping devices at the Tokyo Olympics in 1964) were made by
14388-569: The rechargeable battery or capacitor. As long as the watch is regularly exposed to fairly strong light (such as sunlight), it never needs a battery replacement. Some models need only a few minutes of sunlight to provide weeks of energy (as in the Citizen Eco-Drive ). Some of the early solar watches of the 1970s had innovative and unique designs to accommodate the array of solar cells needed to power them (Synchronar, Nepro, Sicura, and some models by Cristalonic, Alba , Seiko, and Citizen). As
14520-527: The registration of the trademark. A comprehensive clearance search can help avoid costly and time-consuming issues, such as refusal to register, opposition or cancellation proceedings, or a trademark infringement lawsuit. In the United States, the USPTO maintains a publicly accessible database of registered trademarks. This database can be searched using the Trademark Search system, which replaced
14652-425: The relevant national authority. Using the ® symbol for unregistered trademarks is misleading and can be treated as unfair business practice. It may also result in civil or criminal penalties. A brand is a marketing concept that reflects how consumers perceive a product or service. It has a much wider meaning and refers to the proprietary visual, emotional, rational, and cultural image that customers associate with
14784-478: The rule applies that the Swiss portion of the production cost (including basic materials, semi-finished products, accessories, wages and production overhead excluding distribution costs) must be at least 50%. However, this 50% portion is not the sole criterion for determining the Swiss origin of a product. The origin of the essential components and the manufacturing process through which a product obtains its characteristic features, and – in borderline or doubtful cases –
14916-426: The same article. For example, the particular design of a bottle may qualify for copyright protection as a non-utilitarian [sculpture], or trademark protection based on its shape, or the ' trade dress ' appearance of the bottle as a whole may be protectable. Titles and character names from books or movies may also be protectable as trademarks while the works from which they are drawn may qualify for copyright protection as
15048-405: The same category of goods the trademark is protected under. An example of the second type is that Audi can run advertisements saying that a trade publication has rated an Audi model higher than a BMW model since they are only using "BMW" to identify the competitor. In a related sense, an auto mechanic can truthfully advertise that he services Volkswagens , and a former Playboy Playmate of
15180-405: The same size as silver-oxide cells but providing shorter life. Rechargeable batteries are used in some solar-powered watches . Some electronic watches are powered by the movement of the wearer. For instance, Seiko's kinetic-powered quartz watches use the motion of the wearer's arm: turning a rotating weight which causes a tiny generator to supply power to charge a rechargeable battery that runs
15312-492: The single most important technological breakthrough, though invented by Thomas Mudge in 1754 and improved by Josiah Emery in 1785, only gradually came into use from about 1800 onwards, chiefly in Britain. The British predominated in watch manufacture for much of the 17th and 18th centuries, but maintained a system of production that was geared towards high-quality products for the élite. The British Watch Company modernized clock manufacture with mass-production techniques and
15444-486: The source of goods or services can serve as a trademark. In addition to words, slogans, designs, or combinations of these, trademarks can also include non-traditional marks like sounds, scents, or colors. Under the broad heading of trademarks, there are several specific types commonly encountered, such as trade dress, collective marks, and certification marks: To maintain distinctiveness , trademarks should function as adjectives, not as nouns or verbs, and be paired with
15576-488: The stone's origin and the workers responsible. Wine amphorae marked with seals were also found in the tomb of Pharaoh Tutankhamun , who ruled ancient Egypt more than 3,000 years ago. Over 2,000 years ago, Chinese manufacturers sold goods marked with identifying symbols in the Mediterranean region. Trademarks have also been discovered on pottery, porcelain, and swords produced by merchants in ancient Greece and
15708-406: The time of day and the date, the leap-year status and the state of daylight saving time (on or off). However, other than the radio receiver, these watches are normal quartz watches in all other aspects. Electronic watches require electricity as a power source, and some mechanical movements and hybrid electronic-mechanical movements also require electricity. Usually, the electricity is provided by
15840-515: The tooth-cutting machine devised by Robert Hooke – allowed some increase in the volume of watch production, although finishing and assembling was still done by hand until well into the 19th century. A major cause of error in balance-wheel timepieces, caused by changes in elasticity of the balance spring from temperature changes, was solved by the bimetallic temperature-compensated balance wheel invented in 1765 by Pierre Le Roy and improved by Thomas Earnshaw (1749–1829). The lever escapement ,
15972-416: The type of case back, which are generally categorized into four types: The crystal, also called the window or watch glass, is the transparent part of the case that allows viewing the hands and the dial of the movement. Modern wristwatches almost always use one of 4 materials: The bezel is the ring holding the crystal in place. The lugs are small metal projections at both ends of the wristwatch case where
16104-487: The use of a battery, using a traditional mechanical gear train powered by a spring, without the need for a balance wheel either. In 2010, Miyota ( Citizen Watch ) of Japan introduced a newly developed movement that uses a 3-pronged quartz crystal that was exclusively produced for Bulova to be used in the Precisionist or Accutron II line, a new type of quartz watch with ultra-high frequency (262.144 kHz) which
16236-633: The use of wristwatches subsequently became widespread among the officer class. The company Mappin & Webb began production of their successful "campaign watch" for soldiers during the campaign in the Sudan in 1898 and accelerated production for the Second Boer War of 1899–1902 a few years later. In continental Europe, Girard-Perregaux and other Swiss watchmakers began supplying German naval officers with wristwatches in about 1880. Early models were essentially standard pocket-watches fitted to
16368-416: The various constituent parts of the watches came. However, the revisions were not intended to reduce the protection the name "Swiss made". Indeed, the high requirements which are imposed with a Swiss watch were said to remain unchanged. From time to time, namely in 2003 and more particularly in 2007, there were efforts made to strengthen the definition of "Swiss made". These efforts are normally spearheaded by
16500-483: The war were specially designed for the rigors of trench warfare , with luminous dials and unbreakable glass. The UK War Office began issuing wristwatches to combatants from 1917. By the end of the war, almost all enlisted men wore a wristwatch (or wristlet ), and after they were demobilized, the fashion soon caught on: the British Horological Journal wrote in 1917, that "the wristlet watch
16632-412: The watch band attaches to the watch case. The case and the lugs are often machined from one solid piece of stainless steel. The movement of a watch is the mechanism that measures the passage of time and displays the current time (and possibly other information including date, month, and day). Movements may be entirely mechanical, entirely electronic (potentially with no moving parts), or they might be
16764-402: The watch. The concept is similar to that of self-winding spring movements, except that electrical power is generated instead of mechanical spring tension. Solar powered watches are powered by light. A photovoltaic cell on the face ( dial ) of the watch converts light to electricity, which is used to charge a rechargeable battery or capacitor . The movement of the watch draws its power from
16896-449: The wearer's wrist motions are inadequate to keep the watch wound. In April 2013, the Swatch Group launched the sistem51 wristwatch. It has a mechanical movement consisting of only 51 parts, including 19 jewels and a novel self-winding mechanism with a transparent oscillating weight. Ten years after its introduction, it is still the only mechanical movement manufactured entirely on a fully automated assembly line, including adjustment of
17028-414: Was actually woven in Switzerland. In fountain pens , the nib is an important element. But the quality of the fountain pen also primarily depends on the quality of the other parts. According to experience, more repairs are made on the holder than on the nibs for the fountain pens. For this reason, consumers pay attention not only to the quality of the nib but also to the quality of the holder (the feed system,
17160-463: Was little used by the sterner sex before the war, but now is seen on the wrist of nearly every man in uniform and of many men in civilian attire." By 1930, the wristwatch vastly exceeded the pocket watch in market share by a decisive ratio of 50:1. John Harwood invented the first successful self-winding system in 1923. In anticipation of Harwood's patent for self-winding mechanisms expiry in 1930, Glycine founder Eugène Meylan started development on
17292-403: Was powered by a battery and kept time with a vibrating quartz crystal . By the 1980s the quartz watch had taken over most of the market from the mechanical watch. Historically, this is called the quartz revolution (also known as the quartz crisis in Switzerland ). Developments in the 2010s include smart watches , which are elaborate computer-like electronic devices designed to be worn on
17424-472: Was the invention of a British watch repairer named John Harwood in 1923. This type of watch winds itself without requiring any special action by the wearer. It uses an eccentric weight, called a winding rotor, which rotates with the movement of the wearer's wrist. The back-and-forth motion of the winding rotor couples to a ratchet to wind the mainspring automatically. Self-winding watches usually can also be wound manually to keep them running when not worn or if
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