By Paul Cosmovici, Cosmovici Intellectual Property
Trademark registration in Switzerland serves as a cornerstone for businesses, whether local or foreign, aiming to safeguard their brand identity and intellectual property rights within the Swiss market. Switzerland’s robust legal framework and commitment to intellectual property protection make it an attractive destination for trademark registration.
Contents
1. What Can be Registered as a Trademark in Switzerland?
2. Reasons for Refusal of a Trademark Application in Switzerland
3. The Process of Trademark Registration in Switzerland
4. Documents Required for Trademark Registration in Switzerland
5. Trademark Opposition Process in Switzerland
6. Trademark Costs in Switzerland
7. Why File a Trademark in Switzerland?
1. What Can be Registered as a Trademark in Switzerland?
Switzerland recognizes a diverse array of signs eligible for trademark registration, including words, logos, slogans, colors, sounds, and even three-dimensional shapes, provided they can effectively distinguish the goods or services of one entity from those of others.
2. Reasons for Refusal of a Trademark Application in Switzerland
Trademark applications may face refusal if the proposed mark lacks distinctiveness, consists solely of generic terms, is descriptive of the goods or services, or conflicts with existing trademark rights. Additionally, marks contrary to public policy or morality are ineligible for registration.
For example, “Zurich Tennis Awards” may be considered descriptive and lacking distinctiveness, unless it is filed together with a very distinctive logo. Also, the Office is very careful when it comes to religious signs, which may be refused to registration.
One important aspect to keep in mind is that in case of a refusal based on non-distinctiveness or descriptiveness, the Applicant may sometimes overcome such refusal by proving the acquisition of distinctive character through long term, serious use, or through amending the trademark by adding a distinctive logo, depending on the specific circumstances. This will change the filing date, but it will save additional costs of a new trademark application.
3. The Process of Trademark Registration in Switzerland: Step by Step
Preparation: The applicant must prepare a comprehensive trademark application, including details such as the applicant’s information, a clear representation of the mark, and a list of the goods or services to which the mark will apply. It is always recommended to conduct a comprehensive trademark availability search prior to filing, in order to verify whether there are any identical (or highly similar) trademarks, priorly filed or already registered.
Submission: The completed application is submitted to the Swiss Federal Institute of Intellectual Property (IPI) either electronically or via mail. Along with the application, the necessary fees must be paid.
Kindly note that filing electronically through the IPI special platform, you can save CHF 100. There is also the possibility of requesting an expedited examination, subject to a special fee in the amount of CHF 400. Also check how to register a trademark in Latvia.
Formal and Substantive Examination: Upon receipt, the IPI conducts a formal examination to ensure that the application meets all legal requirements. This includes verifying the completeness of the application and confirming that the required fees have been paid.
Following the formal examination, the trademark undergoes substantive examination to assess its distinctiveness, or simply put whether the trademark fulfills all the absolute requirements. This examination ensures that the mark meets the criteria for registration laid out in Swiss trademark law.
Registration and Publication: If the trademark application passes both the formal and substantive examinations, it proceeds to registration. Upon registration, the trademark owner receives a certificate of registration, granting exclusive rights to use the mark in connection with the specified goods or services within Switzerland.
Once registered, the trademark is published in the Swissreg, the official registry of the IPI. Publication marks the beginning of a three-month opposition period during which third parties may file oppositions against the registration.
Opposition Period: During the three-month opposition period, any party with a legitimate interest may file an opposition against the trademark application if they believe it infringes upon their rights.
Adjudication of Oppositions: If oppositions are filed, the IPI will adjudicate the opposition proceedings. This usually involves reviewing evidence and arguments presented by both parties before making a decision.
Confirmation of Registration: If no oppositions are filed within the specified period or if opposition proceedings are resolved in favor of the applicant, the trademark’s registration is implicitly confirmed.
4. Documents and Information Required for Trademark Registration in Switzerland
Applicants must submit a completed application form, a clear representation of the trademark, and a list detailing the goods or services covered by the mark. Additionally, applicants may need to provide evidence of priority rights if claiming priority based on an earlier application.
If the wished trademark includes the word “Swiss”, the Office may require addition of a disclaimer such as “all goods are originating from Switzerland”.
5. Trademark Opposition Process in Switzerland
During the three-month opposition period following publication, any party with a legitimate interest may file an opposition against the trademark application. Grounds for opposition include likelihood of confusion with identical or similar prior trademark rights. The opposition proceedings are adjudicated by the IPI.
6. Trademark Costs in Switzerland
The costs associated with trademark registration in Switzerland vary depending on factors such as the number of classes of goods or services covered by the mark and whether professional assistance is sought.
| Government fee for up to three classes | CHF 350 (filed online) |
| Government fee for each additional class starting with the fourth class | CHF 100 |
| Expedited trademark examination fee | CHF 400 |
The trademark registration cost in Switzerland via the iPNOTE platform starts from as low as $520, which includes all government fees and document preparation. Find the best IP attorney in Switzerland on iPNOTE
7. Why File a Trademark in Switzerland?
Filing a trademark in Switzerland offers numerous advantages, including protection against unauthorized use of the brand, enhanced credibility with consumers, and the ability to enforce rights in case of infringement. Switzerland’s stable legal framework and commitment to intellectual property rights make it an appealing jurisdiction for trademark registration.
It is important to note that Switzerland adheres to a first-to-file trademark system. This implies that the individual or entity who initially submits a trademark application for a specific mark is granted exclusive ownership rights, irrespective of prior usage. Prior use of a trademark does not confer automatic rights in Switzerland, unlike in some other jurisdictions.
The Swiss Office also provides an expedited trademark examination, which can be helpful when it comes to establishing priority rights. Even without paying the expedited examination fee, if the trademark application meets each requirement, the trademark can be registered within one month.
8. Conclusion
Trademark registration in Switzerland is a strategic investment for businesses seeking to protect their brand identity and intellectual property assets. By understanding the step-by-step registration process, complying with legal requirements, and leveraging the benefits of trademark protection, businesses can establish a strong foundation for success in the Swiss market and beyond.
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