Trademark Registration in Switzerland

Switzerland Trademark Registration – How to Register and its Benefits

A trademark attorney will usually process a trademark registration in Switzerland by undertaking the following steps:

Step 1. Trademark’s Comprehensive Study:

Before filing for trademark registration in Switzerland, it is important to assess all probable challenges that could come in the way of the registration process. This Comprehensive Study of the trademark helps in making a list of all comparable trademarks (graphically or phonetically) that might conflict with the one selected by you.

Step 2. Request of Trademark Registration:

The next step is that an attorney files your particular trademark registration in Switzerland and fulfils all necessary steps in the Trademark Office for getting registration approval. After the trademark is filed, we send the filing report comprising of the application number, date, and a scanned copy of the complete application.

Will I have any right after having a registered trademark in Switzerland?

Yes. This jurisdiction commands owners for registering their trademarks so as to establish rights. The first-to-file rule usually applies in Switzerland.

Can someone oppose a Trademark Application?

Yes, it can be opposed if:
  • Proprietary rights have been violated
  • Rights of some popular trademarks are violated

If I get trademark registration in Switzerland, will any rights get established?

Yes, the following rights get established by registration:

  • Exclusive right for usage and profit from the trademark
  • Right to oppose any similar trademark and request for its cancellation
  • Right for revocation request of any conflicting registration
  • Right to file for an infringement case against anyone using the trademark without prior permission
  • Right to get damages for infringement
  • Right to allot license to other businesses to use the trademark
  • Right to appeal to confiscate fake goods from customs authorities

Is Switzerland a member of the Madrid System?

Yes. Switzerland is a member of the Madrid Protocol and the Madrid Agreement.

Is there any timeline or the approval of trademark registration?

The average timeline for approval of the registration is 4 months, provided no objections or oppositions happen.

If I register my trademark in Switzerland, do I have protection in other territories?

No. The territorial limit of protection is Switzerland only.

What are the various kinds of trademarks permitted to be registered in Switzerland?

Any sign that can be graphically shown and can set apart the product or service from its competitors can be registered:

  • Names
  • Words
  • Sounds
  • Taste
  • Three-dimensional shapes
  • Devices
  • Slogans
  • Colours
  • Trade dress
  • Holograms
  • Touch
  • Motion
  • Smell/scent

Which kind of trademarks are not registrable?

  • Trademarks that are against public order or principles of morality
  • Common terms that carry a broad meaning
  • Trademarks that do not display unique characteristics
  • Trademarks that operate primarily as names of some geographic location
  • Trademarks that use protected names/flags/symbols of some international organization, states or nations

Post the trademark registration in Switzerland, for how many years is it valid?

The initial term of a trademark registration is 10 years (calculated from the application date).

When will I have to renew my trademark?

Subsequent renewals last for 10 years starting from the registration renewal date.

What would be the renewal date for a trademark?

The first renewal date of a trademark registration in Switzerland is 10 years counted from the date of application filing.

What documentation is needed while renewing a trademark?

No documentation is needed for renewals.

Do I get a grace period after my trademark expires?

Yes, the grace period after the expiry of the renewal date is 12 months.

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