Trademark Dispute: Insufficient Substantiation of Notorious Mark Status

In a trademark dispute seeking the transfer or nullification of a registered mark based on the plaintiff's notoriously known prior mark, the court held that the burden of substantiation requires parties to plead the specific facts underlying their legal claims, not merely assert legal conclusions or generalities, as per the relevant procedural code. The court found the plaintiff failed to meet this burden because their assertions regarding the mark's widespread use, sales figures, market share, advertising efforts, and transactions with specific entities (like a research institute) were too vague to allow a court to conclude, even with evidence, that the mark had achieved notorious fame among the relevant Swiss trade circles.