The Swiss legislation for the protection of trademarks
The main legal framework protecting trademarks in Switzerland is the Trade Mark Protection Act. According to the Swiss Trade Mark Protection Act, all signs can be used as trademarks as long as they can be graphically represented and they are employed to distinguish goods and services from other goods and services available on the Swiss market.
The legislation for the protection of trademarks in Switzerland
allows letters, numbers, words, images, slogans, colors
and any combination of these to be used as trademarks
. Trademarks in Switzerland
benefit from 10-year protection after the registration
and can be renewed on an indefinite term. It is important to know that the representatives of the Swiss Federal Institute of Intellectual Property
will verify the application in a period of six working days. Our team of attorneys in Switzerland
can offer an in-depth presentation on the requirements of the institution.
Investors can also register three-dimensional trademarks or the company’s slogans. One of the main reason for which why an investor should register a trademark in Switzerland relates to the fact that the procedure will provide full ownership for the respective sign, as the company will have exclusive rights to use it for commercial purposes.
The registration will avoid various conflicts which can appear when another company may use the same sign or a trademark similar with the one that has already been registered.
Trademark categories in Switzerland
Swiss trademarks can be divided into three categories:
• individual trademarks;
• collective trademarks;
• guarantee trademarks.
If the individual trademark
is used to distinguish the products of a Swiss company
, the collective trademark
is employed to represent the products of an association of companies
. The guarantee trademark
is employed to represent products with certain properties or qualities.
Trademark registration in Switzerland
is also based on classed of good and services. During the registration procedure, the applicant will be required to specify the respective class of products. An important aspect investors should take into consideration is that in the case in which the registered trademark
will not be used within a period of five years after the registration, the investor could lose the rights given through this procedure. Our Swiss lawyers
can give you more details about the rules and regulations regarding the trademark registration procedure
and can offer you legal assistance
through the entire process.
What is the trademark registration procedure in Switzerland?
In order to register a trademark in Switzerland there are few steps to be followed:
• a trademark registration fee must be paid;
• the Swiss Federal Office of Intellectual Property will verify the application.
Once the verification of the trademark
is completed, the Federal Office of Intellectual Property
will publish the trademark
in the Official Gazette allowing any individual or company to file an opposition for the registration of the Swiss trademark
. If no one opposes the registration, the Federal Office of Intellectual Property
will issue the trademark registration certificate
Switzerland provides a relatively simple and straightforward procedure. In the situations in which the trademark applications respect all the legal requirements, the procedure can be completed within six days, after the investors pay the fees.
But as a general rule, trademarks in Switzerland can be registered in a period of three months (after the payment of the applicable fees).
What are the documents to be submitted for Swiss trademark registration?
The documents required when filing for trademark registration in Switzerland are:
• a power of attorney, if the procedure is conducted by someone else than the owner of the trademark;
• a trademark registration application form duly complete;
• a photo depicting the trademark;
• a copy on the applicant’s identification papers.