SWITZERLAND

• Kinds of Trademarks registrable in SWITZERLAND

  • Following indications may be used as Trademarks in Switzerland:

    1. Words
    2. Names
    3. Letters
    4. Number
    5. Icons
    6. Graphics
    7. Images
    8. 3D signs
    9. Colour & Colour Combinations
    10. Acoustic marks (jingles)
    11. LogosCombination of all of the above.

    Types of Marks registrable:

    • Collective marks
    • Certification marks
    • Marks for non-commercial purposes
    • Service marks
    • Well Known marks.
• Requisites for a Trademark to be registrable in SWITZERLAND

  • Trademarks must contain the following essential requirements to be registrable in Switzerland:

    1. Distinctiveness
    2. Non-descriptiveness of the goods and / or services
    3. Not be a well known term in the line of business, trade channels of the applicant
    4. Not be same / similar / identical either visually and/or phonetically  to prior registered marks pending registration.
• Kinds of Trademarks not registrable in SWITZERLAND

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Switzerland:

    1. Trademarks consisting exclusively of signs or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, value or geographical origin of the goods or services.
    2. Trademarks that indicate time of production of the goods or of rendering the services or other characteristics of the goods or services.
    3. Trademarks consisting exclusively of signs or indications customary to current language or in the established practices of the trade to designate the goods or services.
    4. Trademarks or signs contrary to law, public order, morality.
    5. Trademarks liable to deceive the public as to the nature, quality, geographic indication of goods or services.
    6. Trademarks containing or being similar to signs, seals, emblems, flags, maps and / or official insignia of national and international organisations and associations.
    7. Trademarks containing or bearing resemblance to another person or  personal name or company name, logo, legal title, portrait, picture, protected copyright, photograph
    8. Proposed Trademarks being identical or similar to an earlier registered mark including well known marks
    9. Trademarks having a likelihood of confusion including a likelihood of association with an earlier registered trademark.
    10. Trademarks filed in bad faith.

    TrademarkCopia through its associate Law Firms and Lawyers in Switzerland is at hand to help you with trademark registration and prosecution.

• Trademark Search in SWITZERLAND

  • It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Swish Patent & Trademark Office.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Switzerland.

• Trademark Filing in SWITZERLAND

  • Filing is done with the Trademark office of Switzerland.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA)
    6. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)
       Vienna agreement for for figurative mark)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in SWITZERLAND

  • Once the application is filed, the IP Office examines the same to determine that the application is in compliance with all the provisions as laid down in the trademarks act, followed by substantive requirements and a search for prior registered marks.

    If the IP Office has any objections regarding the registrability of the application, the same is notified to the applicant and a stipulated time limit given to the applicant to file his response to the same.

    The office then proceeds to take a decision regarding registrability of the trademark application based on the facts and circumstances therein.

• Trademark Publication & Opposition in SWITZERLAND

  • Post examination of the trademark application, it is published in the official IP journal to which interested third parties may file their opposition regarding registrability of the trademark.In the event the trademark application does not encounter any opposition, it proceeds for registration.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Switzerland can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in SWITZERLAND

  • Once the IP office decides on the registrability of the trademark application and there are no other legal issues involved, the application is deemed to have been accepted and the registration of the trademark published.

    Certificate of registration issued to the applicant,

    Trademark registration in Switzerland is valid for 10 years from the date of registration, after which it can be frequently renewed for another 10 years.

    Rights of Trademark Owners: Trademarks may be:

    • Exclusively used by the owners of the registered trademarks.
    • Transferred in whole or in part- Inherited
    • Assigned and licensed.
    • Mortgaged and creditors may seize such trademarks belonging to their debtors.
    • Licensed to natural or legal persons
    • Prevented from unauthorized usage by third parties
    • The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in SWITZERLAND

  • Pre- Registration: There are 3 parts to prior usage as under:

    (i). If trademark is used continuously in Switzerland, it could continue to be used in Switzerland in the same way and on the same scale even if a third party obtains registration for an identical or similar mar for identical / similar goods / services.

    (ii). Once the unregistered trademark is registered the user of the said mark can then oppose conflicting registrations.

    (iii). In the event the unregistered mark is not distinctive enough to be registrable, through continuous and unabated usage, it could acquire the necessary distinctiveness. However, the said usage must be in Switzerland.

    Post- Registration:If the trademark is not used within 5 yrs. continuously from the date of registration, the mark is liable to be cancelled / revoked unless proper reasons shown for non-use. Resuming usage of the trademark post 5 yrs validates the usage of the mark provided no third party action has been taken for cancellation in the interim.Reciprocity:

    It is pertinent to note, as per the treaty between Switzerland and Germany, usage of the mark by a German or Swiss owner of the mark in either country suffices conditions for use.

• Trademark Cost of Registration in SWITZERLAND

  • Please write mail for the cost of registration of trademark in Switzerland or European Union to the mail address given below:

    contact@trademarkcopia.com