Overview of Switzerland Trademark Registration Service

LegalForce is one of the Largest Trademark Filers in the world. Filing a trademark application is easy and painless. You can finish your trademark in 5 minutes.

Switzerland Trademark Registration

Standard Package of Trademark Services $899 USD + govt fee

(816.25 CHF)
  • In the Standard Package, Filing a trademark application is easy and painless. You will be guided through a simple workflow to fill out the information needed to publish your trademark on Trademarkia or file your trademark with the government. If you select the government option, a licensed trademark attorney will represent you in the filing your trademark after performing a conflict check.
  • Go through a simple workflow

    All information provided will be kept in absolute confidentiality. Centralized, secure access for your brand trademarks.

  • Select which of the 170+ countries you wish to register

    Top Global IP Attorneys - Easy Online Form, Credibility, and Experience!

  • LegalForce does the rest. All processes will be performed in a timely manner

    Your trademark application will be filed correctly. You will be informed periodically about the process.

World Class Global Trademark Attorneys at Leading Law Firm.

LegalForce - one of the Largest Trademark Filers in the world. You can file and register your trademark in 170+ countries in the world through LegalForce Attorneys, including in the United States, China, Japan, the European Union, Korea, and many others. With the Standard Package, you follow step-by-step instructions designed by world class global trademark attorneys at leading law firm.

It's easy and the protection lasts indefinitely in most countries

Trademarks are names, logos, or short slogans that help distinguish a good or service from other goods and services in a particular geographic area. Once a trademark is issued by a government agency, the protection lasts indefinitely in most countries – so long as you use your mark in commerce. Filing for Trademark Protection through LegalForce Trademarkia is easy! See why LegalForce Service is superior to other options >>

Automated reminders keeps you up to date

Trademarkia can also automatically provide you with reminders and keep you up to date of your status after you file your trademark application. Trademarkia's automated reminders help you so that you don’t have to deal with government bureaucracy or forget important dates.

Background

The Federal Law on the Protection of Trademarks and Indications of Source of August 28, 1992, and the Ordinance of the Protection of Trademarks of December 23, 1992, were amended by the Ordinance of May 17, 1995, which entered into force on July 1, 1995.

Who May Apply?

Any person and any private or public entity may apply for trademark registrations. A trademark owner who has no domicile or seat in Switzerland must designate a representative established in Switzerland, who should be recorded on the trademark register, to represent him or her in any formalities or proceedings under the trademark law, or in local court proceedings concerning the validity of registrations belonging to owners outside of Switzerland.

What Can Be Registered?

As a general rule, any sign capable of distinguishing goods or services of one enterprise from those of other enterprises can be registered as a trademark. Translation of a trademark is not required. The trademark is protected in the form it is registered. Trademarks in scripts not used in Switzerland (e.g., Arab, Chinese, etc.) are registrable. Their protection, however, is limited to the script alone as long as the average Swiss cannot read it. If the phonetics are sought to be protected as well in such a case, the trademark should be transcribed and registered in Latin letters also. Three-dimensional trademarks can be registered, as long as their form is neither the essential characteristic of the product nor determined by technical necessities. Sound marks can also be registered, if they can be identified graphically.

What Cannot Be Registered?

Trademark protection is not available to signs that belong to the public domain (descriptive signs), except where they have become accepted as a trademark for the goods or services for which they are claimed (secondary meaning); shapes that constitute the nature of the goods themselves or shapes of the goods or of their packaging that are technically necessary; misleading signs; or signs contrary to public policy, morality, or applicable law. Whether a trademark is not registrable for being a generic (descriptive) term is always decided according to the three official languages of Switzerland (German, French, Italian) and languages understood by the average Swiss (e.g., English). If, therefore, a foreign trademark is a generic term in one of these languages, it will not be registered. Trademark protection is also not available for signs identical or similar to an earlier trademark and intended for the same or similar goods or services if a risk of confusion results therefrom. However, such relative grounds for refusal are not examined ex officio. They will be subject to opposition proceedings or trademark infringement claims. Producers, manufacturers, or merchants who are closely connected with each other economically may also lodge the same trademark for goods which do not differ from each other by their nature, provided that the effect of use of the mark does not deceive the public and is not contrary to public interest in any other way.

Rights

The name of the town, locality, region, or country which gives its reputation to a product is considered an indication of origin; the right to use such a name belongs to every manufacturer or producer in such a town, locality, region, or country, and also to the purchaser of the products.

Filing Requirements

Power of attorney, not legalized. Ten reproducible pictures of the mark, maximum 8 x 8 cm.; five'additional pictures in color if colors claimed (pictures not required for ordinary word marks). List of goods and services. Only if requested by the Swiss Federal Institute of Intellectual Property: Certificate of applicant's domicile or place of business issued by the competent local authority (if recorded in the Register of Commerce, certificate of Registry), or that applicant resides in Switzerland. For a collective mark, in addition, a copy of its bylaws with confirmation of their validity and regulations, if any, for the use of such collective marks. Honorary awards mentioned in the mark must be substantiated by documentary evidence. The applicant must furnish any other documents the Federal Institute of Intellectual Property may require. Note: All documents must not be older than one year. Convention: Priority must be specifically claimed when filing the application and supported by adequate documents from the authority responsible for the initial filing.

Evaluation & Review

Applications for the registration of trademark must be filed with the Federal Institute of Intellectual Property (the Institute) located at Berne. Each application is examined as to form and authorization (see 5 156:6); a trademark search report informing the applicant of identical or similar prior registrations is issued only upon request and payment of a fee. During the application proceedings, a trademark may be amended or completely changed, in which case the application date is postponed to the filing date of the last amendment. No supplemental fees are charged. Alterations of a registered trademark, or to its list of goods or services, which were often done through premature renewal, are no longer permitted. A new registration is necessary. Absolute grounds of refusal regarding trademark applications (e.g., lack of distinctiveness, misleading signs, and signs contrary to public order or morality) will be checked ex officio by the Institute.

Duration

The registration period is now 10 years from the filing date. There will be no reexamination if the registration concerned violates any absolute ground of refusal. Renewal must be granted automatically once the required fee is paid, and it can only be effected during the 12 months preceding or the six months following the date of expiration.

Use

A trademark registration can be invalidated, totally or partially, by court proceedings, on the basis of unjustified nonuse during the last five years. The party claiming invalidation because of nonuse must establish the credibility of the nonuse, after which the owner of the registration can prove the contrary. Under the revised law, any use in connection with the goods andlor services concerned is recognized.

Domain Names

No provision

Enforcement

It is possible to obtain the assistance of the Swiss customs authorities to temporarily detain imported goods bearing trademarks that infringe the rights of the rightful owner in Switzerland.