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koimaster
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Federation of Swiss Watch Industry vs US Swissese
As some of you know a couple of members of the Federation of the Swiss Watch Industry are members here including the head of their legal department. Over the years there has been an on going battle with the fake swiss watch industry which has recently led to the Federation calling out Invicta Watch Group and their "Swiss made in Asia for America" watches in the official report from 2015.
We all know that Lior, former CEO of Swiss Watch International sued the Federation over the trademarks, Swiss and Swiss Made. He lost and appealed and lost again. Yet I still see the bullshit misleading labels being used as listed by Yves below in red. I am asking that if you see a watch with these designations currently being sold that it be listed in this thread and photos of them also be posted. You seldom if ever see this kind of garbage with legit companies. It is time to hold them accountable so the folks who purchase watches know what they are getting,
We all know that Lior, former CEO of Swiss Watch International sued the Federation over the trademarks, Swiss and Swiss Made. He lost and appealed and lost again. Yet I still see the bullshit misleading labels being used as listed by Yves below in red. I am asking that if you see a watch with these designations currently being sold that it be listed in this thread and photos of them also be posted. You seldom if ever see this kind of garbage with legit companies. It is time to hold them accountable so the folks who purchase watches know what they are getting,
Dear Alain,
Many thanks for your message.
You are perfectly right, the FH is holder of two certification trademarks
in the US (SWISS and SWISS MADE for watches). The regulations of the two
marks are identical to the definitions of Swiss law, that is to say the
Ordinance of the Federal Council regarding the use of the name Swiss for
watches. FH wants to guarantee an identical level of protection of the
term "Swiss" in the United States and protect the US consumer from abusive
uses.
The indication "Swiss movement" is allowed under Swiss legislation and may
be applied to watches that contain a Swiss movement. The word "movement"
must appear written out in full in the same typeface, dimension and color
as the denomination "Swiss". Other terms, as for example "Swiss Movt",
"Swiss Quartz", "Swiss Design", "Swiss Brand", "Swiss Parts", "Swiss Parts
Movement", "Swiss Tech"... are not allowed. By the way, the Federation has
acted and is conducting ongoing actions against several U.S. based
companies which are misusing its certification marks, notably in
collaboration with U.S. Customs.
Please let us know if any American watch brands abusively use such Swiss
geographical indications on their products.
As you certainly know, the "Swiss Made"-Ordinance was revised on January
1, 2017. Please find hereunder for your reference the main legal
requirements to fulfill in order to lawfully use Swiss geographical
indications on watches, as stated in the Swiss federal Ordinance governing
the use of Swiss indications on watches:
Articles 1a and 2 of the OSM state that a watch may be considered as Swiss
if, and only if, it fulfils cumulatively the following minimum criteria
(starting from 01.01.2017):
1. its movement is Swiss, meaning that the movement
a. has been assembled in Switzerland, and;
b. has been inspected by the manufacturer in Switzerland,
and;
c. the components of Swiss manufacture make up for at least
50 percent of the value, without considering the cost for assembly, and;
d. at least 60% of the manufacturing costs must be generated
in Switzerland
2. its movement is cased up in Switzerland (assembly of the watch in
Switzerland) and
3. the manufacturer carries out the final inspection in Switzerland
(quality control, water-resistance,... )
4. at least 60% of the manufacturing costs of the watch is generated in
Switzerland (watch wristband excluded)
Please take note that starting from 01.01.2019 the technical development
(mechanical construction and prototyping) of the watch and of its movement
will have to take place in Switzerland too.
According to Article 3 of the OSM, Conditions of using the name "Swiss"
and the Swiss cross :
- The following may be used only for Swiss watches and Swiss movements: a.
the word “Swiss”; b. indications such as “Swiss”, “Swiss product”, “made
in Switzerland”, “Swiss quality”, other designations containing the word
“Swiss” or indications that are liable to be confused with that word and
c. the Swiss cross or signs which may be confused with it.
- If the watch is not Swiss, the designations figuring in para. 1 may
still be placed on Swiss movements, provided that they cannot be seen by
the watch purchaser.
- The indication "Swiss movement" may be placed on watches which contain a
Swiss movement. The word “movement” must be written in full using letters
that are identical in type face, size and colour to those used for the
designation “Swiss”.
- Paras. 1 and 3 apply even when these designations are used in
translation (in particular "Swiss", "Swiss Made", "Swiss Movement"),
either with the indication of the genuine origin of the watch or with the
addition of words such as “nature”, “type”, “style” or other combinations
of words.
- Apart from the placing of these indications on the watches or on their
packaging, use comprises:
a. the sale, putting up for sale or bringing into circulation of watches
with an indication of this kind;
b. the placing on signs, advertisements, prospectuses, invoices, letters
or commercial papers.
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