Swiss Trademark Protection System

The Swiss Federal Law on the Protection of Trademarks and Marks of Origin adopts separate legislation for trademarks and marks of origin. A trademark refers to a protected mark that distinguishes a company’s products or services from those of other companies. In Switzerland, all symbols that can be represented graphically can be trademarks (such as words, letter combinations, number combinations, graphics, three-dimensional shapes, slogans, and combinations of these elements), or acoustic markers composed of sound sequences.

In Switzerland, only registered trademarks have exclusive trademark rights. For trademarks that have already been used before registration, if others apply for registration of the same or similar trademark, the user (prior right holder) of the trademark has the right to continue using it within the original scope, but without the permission of the registered trademark owner, the prior right of use may not be transferred to a third party.

However, unregistered well-known trademarks that comply with the provisions of the Paris Convention for the Protection of Industrial Property are also protected. For example, if the owner of a well-known trademark believes that the use of its trademark by others may weaken its recognition or damage its reputation, they have the right to prohibit others from using their trademark on the same or even different products or services.

 

Introduction to IGE Swiss Intellectual Property Office

The Swiss Federal Intellectual Property Office (IGE) is responsible for reviewing, granting, and managing Swiss industrial property (trademarks, patents, and designs); Collaborate with government agencies, associations, and businesses to implement Swiss origin labeling in Switzerland and internationally; Supervise collective rights management organizations; And provide information about intellectual property to individuals and businesses in various ways.

IGE is also responsible for drafting legislation and providing advisory opinions to the Federal Council and other federal agencies on intellectual property matters.

website：www.ige.ch

Telephone：+41 31 377 77 77

Fax：+41 31 377 77 78

Email：info@ipi.ch

 

Introduction to Swiss Trademark Registration

3.1 Registered Logo

Words, letter combinations, numbers, graphics, descriptive statements, three-dimensional signs, slogans, sounds, and combinations of the above elements or combinations of the above elements with colors.

The inclusion of the Federal Cross and the Swiss flag can be registered as a trademark application.

3.2 Trademark classification

１．Individual trademark

2. Collective trademark (Kollektivmarke)

A collective trademark refers to a mark registered in the name of a group, association, or other organization for use by its members in commercial activities, to indicate the user’s membership in the organization.

3. Proof of Trademark (Garantiemarke)

A certification trademark refers to a mark registered by an organization with supervisory ability over a certain product or service, and used by units or individuals outside the organization to prove the quality, geographical origin, manufacturing method, or other specific qualities of the product or service.

4. Geographical trademark (Geografische Marke)

Geographical trademarks refer to geographical indications and place of origin marks registered under Article 16 of the Agricultural Law and Article 50 of the Federal Trademark and Place of Origin Protection Law on April 19, 1998; Controlled appellations of origin as stipulated in Article 63 of the Agricultural Law, or foreign wine appellations of origin and source names as stipulated in that article; A foreign origin mark that complies with the provisions of Article 50 (2) of the Federal Trademark and Origin Mark Protection Act, issued by the Federal Council, or a foreign origin mark that conforms to foreign regulations.

3.3 Unregisterable logo

1. Signs in the public domain, except for those that have become trademarks by obtaining distinctive features through use in products or services.
2. The shape formed by the nature of the product itself.
3. Misleading or deceptive signs.
4. Signs that violate public policies, public morals, and current laws.
5. Pure promotional or descriptive text describing the product, quality, variety, origin or use, price, etc., such as “better” or “waterproof”. But if descriptive text is combined with other elements, it can be registered as a whole, for example, “WATCHES” cannot be registered as a trademark, but “MEIER WATCHES” can be registered.
6. Similar or identical to previously registered trademarks of the same or similar products and services, or (including unregistered) well-known trademarks.
7. Signs that infringe on trade names, domain names, or company names.
8. Infringement of registered geographical indications.

3.4 The right to register a trademark

1. Positive empowerment

The rights holder may enjoy the exclusive right to use the registered trademark.

2. Negative power

The rights holder may prohibit others from using their registered trademark on products or packaging without authorization; Selling, storing, importing, exporting, and transporting products bearing its registered trademark; Or use its trademark in commercial documents, advertisements, and other files. But it is not allowed to prohibit those who have previously used the symbol from continuing to use it.

3.5 Protection period

The validity period of a registered trademark in Switzerland is 10 years, starting from the date of application, and can be renewed indefinitely. Each renewal is valid for 10 years. The trademark owner shall apply for renewal 12 months before the expiration of the registration validity period, and no later than 6 months after the expiration of the trademark validity period.

 

Swiss Trademark Registration Procedure

Applicants can apply for Swiss trademark registration through two channels: one is to directly submit the Swiss trademark registration application through IGE; The second is to submit an application for international trademark registration in accordance with the provisions of the Madrid Agreement on the International Registration of Marks or the relevant protocols of the Madrid Agreement on the International Registration of Marks.

4.1 Priority

4.1.1 Priority under the Paris Convention

Priority can be enjoyed if the same trademark registration application is submitted in Switzerland within 6 months after the first trademark registration application is filed by a member of the Paris Convention for the Protection of Industrial Property or in a country that provides reciprocal treatment to Switzerland. Use the priority date as the application date.

4.1.2 Exhibition Priority

Exhibiting products or services bearing a trademark at a formal exhibition as stipulated in the Convention on International Exhibitions, and submitting a registration application for the trademark to IGE within 6 months after the opening of the exhibition, may enjoy priority. The opening day of the exhibition is the priority day.

4.2 Procedure for filing a trademark registration application directly with IGE

4.2.1 Trademark Search

Due to the fact that IGE does not examine whether the applied logo infringes on the rights of registered trademarks or other enterprises during the trademark registration approval process, the applicant should conduct a trademark search before submitting a trademark registration application to ensure that the logo to be applied for does not infringe any prior rights. The available online databases include:

1. Swiss Registered Intellectual Property Database (Swissrag): It can search for trademarks, patents, designs, and protected integrated circuit layout designs registered in Switzerland.
2. Swiss Enterprise Information Database (Zefix): A database provided by the Swiss Federal Office of Justice and Police (FDJP) and the Federal Ministry of Justice (FOJ), which can retrieve information such as Swiss company names and registration status.
3. Swiss Internet Domain Name Database (SWITCH): Swiss domain names and domain name holders ending in. ch can be retrieved. In addition, Liechtenstein domain names ending in. li can also be searched on www.nic.li.
4. Madrid Monitor: Provides detailed information on all trademarks registered through the Madrid system.
5. EU Trademark Database (TMview): It can retrieve the registration status of trademarks accepted by the EU Patent and Trademark Office and the intellectual property authorities of various EU member states.

The applicant should also check whether there is a possibility of conflict between the pending trademark and other trademarks. For specific details, please refer to the “Which type of trademark takes priority in case of conflict” and “Confusion risk: Yes or No?” provided by IGE.

4.3 Preparation of Application Materials

According to the Swiss trademark registration application form, the information that the applicant needs to provide includes:

(1) Applicant (Markenhinterleger/in)

Please provide the full name of the applicant; If it is a company, please specify the company name, address, and postal code/region.

(2) Agent (Vertreter/in)

Specify the full name of the agent; If it is a company, please specify the company name, address, and postal code/region.

(3a) Contact person (Kontaktperson)

Write the full name, phone number, and fax number of the Ming Dynasty contact person.

(3b) Reference number, file (Referenzsummer, Dossier)

(4) Mark (Marke)

For logos that use special fonts and graphic designs, black and white illustrations should be pasted in the box on the right side of the application form. The maximum size of the image is 80 x 80 millimeters.

The optional signs belong to: three-dimensional signs (Dreidimensionale Marke), sound signs (Akustische Marke), signs with color requirements (Marke mit Farbanspruch), color signs (Farbmarke), or you can fill in the sign type yourself.

(5) Cost (Geb ü hren)

Specify the amount of the application fee (Hinterleungsgeb ü hr) and category surcharge (Klassenzuschlag), and choose the payment method – pay according to the payment bill issued by IGE, or allow IGE to deduct directly from the designated account.

(6) List of product and/or service categories (Verzeichnis der Waren und/der Dienstleistungen)

Trademarks are only protected for the product or service category specified at the time of registration. The Swiss trademark classification applies the classification method of the Nice Agreement on the International Classification of Products and Services for the Purposes of Trademark Registration, and is divided into 45 categories. Applicants can use the online tool provided by IGE (Klassifikatonshilfe) to assist in determining trademark classification. If there are still issues, they can consult with IGE via email.

(7) Trademark category (Markenart)

The applicant can choose whether the applied logo will be used as an individual trademark, a certification trademark, or a collective trademark. If not selected, it will be assumed to be used as an individual trademark.

(8) Priority claim (Priority ä tsanspruch)

The applicant should specify the country and date on which they obtained priority in accordance with the Paris Convention for the Protection of Industrial Property. If there is only partial priority, it is necessary to clarify which product or service categories have priority, or provide corresponding priority proof documents.

(9) Color requirements (Farbanspruch)

(10) Remarks (Bemerkungen)

(11) Attachment (Beilagen)

(12) Date and Signature (Datum und Unterschrift)

For more specific requirements, please refer to the eTrademark usage help provided by IGE.

4.4 Submit Application

Online trademark application can be submitted using the eTrademark system provided by IGE (only German, French, or Italian can be selected). The system will guide the applicant to gradually complete the application materials, which include explanations of the filled content.

Applicants can also submit their applications by mail, fax, or email（ tm.admin@ekomm.ipi.ch ）Submit the application form to IGE. The address of IGE in Bern is:

Eidgenössisches Institut für Geistiges Eigentum

Stauffacherstrasse 65/59g

CH-3003 Bern

It should be noted that although IGE has expanded the channels for electronic applications, if you choose to submit a trademark application via email, you must use the address mentioned above and cannot use other email addresses provided by IGE, such as those on the application form info@ipi.ch Otherwise, the application will not be submitted legally and effectively, and will be delayed.

Official correspondence from IGE will continue to be sent by mail, but general communication that does not involve administrative procedures can still be conducted via email.

For more information, please refer to IGE’s “Terms of Use for Simplified Electronic Application Submission via Email”.

4.5 Preliminary review

IGE reviews the category of products and/or services specified in the application materials. If the applicant uses terminology from the online tool Klassifikatonshilfe, they will quickly pass the review. Otherwise, IGE will spend more time determining which categories the applied trademark has been assigned to.

4.6 Database entry

The application materials will be stored on SwissReg, and applicants can check the progress status of their application at any time through SwissReg.

4.7 Provide application proof

IGE provides the applicant with proof confirming that they have submitted a trademark registration application.

4.8 Format and Application Material Review

IGE will review the format and content of the application materials for any defects. If there are any issues, IGE will contact the applicant and they will have the opportunity to make corrections to these issues.

4.9 Authorization

If the application materials pass the examination of IGE, the logo will be registered as a Swiss national trademark and the applicant will obtain a registration certificate. Meanwhile, the application documents will be made public on SwissReg. Within the next three months, third parties may raise objections to the registration of the trademark.

For more materials and download application guidelines and forms, please refer to the official website of IGE.

 

Introduction to Swiss Trademark Office Fees

project	Amount (CHF)
Application fee (no more than 3 specified product/service categories)	550
Specify more than 3 product/service categories	＋100/Category
Quick review fee	400
Objection application fee	800
Renewal fee	700
Additional fee (apply for renewal within a grace period of 6 months)	＋50

 

For more information, please refer to the IGE fee schedule – I. Geb ü hren f ü r Marken.