Trade marks set the tone at Eurovision

Trade marks are a valuable asset. They’re a key distinguishing feature with which their owners set themselves apart from their competitors and protect themselves from free riders. This is no different in the music industry. For example, the Lausanne-based European Broadcasting Union (EBU) has registered ‘Eurovision’ (CH 671569) and the contest’s abbreviation ‘ESC’ (CH 756860) in the Swiss trade mark register. Switzerland’s largest football stadium, the ‘Joggeli’ (CH 811348), which is the venue for the public screening of the Eurovision grand final, has also been protected under Swiss trade mark law since 2024. ‘LUMO’ (CH 827368), the name of the official Eurovision mascot, was protected this year.

Trade mark protection is also popular with the artists who have represented Switzerland at the world’s largest music competition in recent decades. The Swiss trade mark register contains the names of various Swiss performers – from Pepe Lienhard (CH 761627) to Jane Bogaert (CH 824587) and DJ Bobo (CH 534389) – who have appeared on the Eurovision stage since the European Broadcasting Union (EBU) first held the competition in Lugano in 1956. Music artists often claim trade mark protection for classes 9, 35 and 41. What advantages does a registered trade mark have? Names are generally covered by various rights, such as personal, company or domain rights. However, only the protection of a name under trade mark law gives the owner the exclusive right to use the trade mark to identify goods and/or services. With a registered trade mark, an artist can, for example, advertise merchandise or services as a vocal coach and thus stand out from the competition. Additionally, artists can pass on this right, e.g. by licensing or selling it. Trade mark owners can also prevent others from using a similar or identical sign for similar or identical goods or services. 

Personal or stage names can generally be protected as trade marks. Except if they’re generic. For example, ‘DJ BoBo’ could be registered in connection with musical performances, but ‘DJ’ couldn’t be registered on its own. According to the Swiss Trade Mark Guidelines (in German), there’s a particular exception for names of real people who have had an outstanding influence on their field and whose names are very often used to describe the thematic content of certain goods/services, such as the composer Mozart. How would Mozart fare today as a singer in a competition like the Eurovision Song Contest? 

Without trade mark protection, it’s difficult for an artist to prohibit third parties from using their name. The same applies to the names of the designers of the unique outfits that make singers’ performances so memorable. Music and fashion have always gone hand in hand on stage. Think of Céline Dion’s unforgettable 1988 performance in her white outfit or Nemo’s homage to the Canadian superstar at last year’s contest in Sweden. Designers also invest a lot of time and money in building and maintaining their brand and very often register their label as a trade mark. Among them is Kévin Germanier (IR 1497083), the Paris-based fashion designer from Valais, who’s dressing this year’s Eurovision presenters Hazel Brugger, Sandra Studer and Michelle Hunziker, as well the acts appearing in this year’s accompanying programme.