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Switzerland Trademark Registration 

A trademark attorney will process your trademark registration in Switzerland through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 4 months, if no objections or oppositions arise.

     

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

    No. The territorial limit of your mark’s protection is Switzerland only.

  • Do I need to sign a Power of Attorney?

    No. Power of attorney is not mandatory; however, this will be needed if the applicant wants to change attorney.

  • Are there any benefits from a pre-filing use of the trademark?

    Yes. It will help you demonstrate the mark’s distinctiveness and win against oppositions on the ground of non-distinctiveness. However, the benefits from pre-filing use are limited, minimal and applicable only in exceptional cases. Using an unregistered mark in Switzerland is actually risky than beneficial.

  • Will there be problems in case I don’t use my trademark after registration?

    Yes. Owners that do not use their trademark after registration are making their marks vulnerable to nullity action.

  • What are the types of trademark that can be registered in Switzerland?

    Marks that are graphically reproducible and marks that enable a product/service to be distinguished from its counterparts can be registered:

    • Names
    • Words
    • Sounds
    • Taste
    • Motions
    • Touch
    • Smell/scent
    • Colour
    • Slogan
    • Devices
    • Trade dress
    • Hologram
    • Shapes with 3 dimensions
  • What are the phases of application after a trademark has been filed in Switzerland?

    There are three phases of trademark application. 

    1. Examination – The Trademark Office will examine the application based on formalities, deceptiveness, descriptiveness, clarity and distinctiveness. Compliance is extremely important to avoid refusal.
    2. Registration – All applications will go through the prosecution stage where challenges and oppositions must be overcome. Once the opposing parties are defeated or if there are no opposing parties, the registration will be granted.
    3. Publication – The particulars will be made accessible to the public. It will be posted on the official Swiss online register database: http://www.swissreg.ch/.
      • Mark and the good/service it represents
      • Name and address of applicant
      • Number of application and its date
      • Information about priority claim
      • Trademark representation
  • What type of trademark is not registrable?

    The following marks are prohibited from getting registered: 

    • Marks that are contradictory with moral principles or marks that threaten public order
    • Common words with broad meaning
    • Marks that do not display distinctiveness
    • Marks that primarily act as names of geographic locations
    • Marks that use names/flags/symbols or regions/nations/states/international organizations
  • Does Switzerland use the "Nice Classification" system?

    Yes. Switzerland uses the Nice Classification system. A single application will cover multiple classes of goods/services.

  • Is there any possibility to claim priority in Switzerland?

    Yes. The filing date in your home country can be claimed as the date of filing in Switzerland if these requirements are met: 

    • Your home country is a member of the World Trade Organization or a signatory of the Paris Convention
    • The date of the home application does not exceed 6 months from the date of filing in Switzerland
    • International registration can be based in Switzerland
  • What do I need to do to satisfy the use requirement?

    For national registration: 

    • five years from the date the opposition term has expired - if no oppositions arise
    • five years from the date the opposition proceeding was terminated – if oppositions arise 

    For international registration: 

    • five years from the publication date when the Swiss Trademark Office granted the definite protection 

    The trademark must be used for selling or marketing purposes. It must be used in Switzerland. Use in Germany is also acceptable based on the provisions of the Swiss-German treaty.

  • Once my trademark has been registered, for how many years will be valid?

    The term of a registered mark is 10 years from the date of application.

  • What will be the renewal date of my trademark?

    The first renewal should take place on the 10th year from the date the application was filed.

  • Is it legal to use my trademark even if it is not yet registered?

    No. It is illegal to use any unregistered mark for business.


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