READ ABOUT TRADEMARK REGISTRATION IN SWITZERLAND

Introduction:

A trade mark is a legally protected symbol that separates a company’s goods or services from those of other businesses. All graphical representations of a sign, such as words, letters, numbers, graphic images, three-dimensional forms, slogans, combinations of these elements, or even sound trademarks, which are composed of a series of notes, can theoretically be considered trademarks within the meaning of the law.Registering the trademark in Switzerland provides exclusive protection to that mark in Switzerland. The trademark law is guided by the Trade Mark Protection Act, 1992, which is a federal act and follows The International Classification System. A trade mark right is established on entry in the Register of trademarks and trade mark right belongs to the person who first files the trade mark. The applicant or successor in title may claim the date of the first filing for the filing of the same trade mark in Switzerland when the trade mark is first properly filed in another Member State of the Paris Convention or with effect in such a Member State, provided the filing in Switzerland occurs within six months of the date of the first filing.

Procedure:

To begin the process of trademark registration in Switzerland, the first step is to visit the website of Swiss Federal Institute of Intellectual Property. It is through this platform one can get their mark registered.

Filing:

Article 28 of the act pertains to filing of application for the registration of the trademark. As per the article following details must be submitted when filing an application. Such details include name of the applicant or applicant company name, a representation of the trade mark, a list of goods or services for which the trade mark is to be claimed. It is important to pay the prescribed fees along with the submission of application for the registration of the mark. The trademark registration fees in Switzerland are CHF 550, for up to three classes of goods/ services. A class surcharge of CHF 100 is to be paid per class as of fourth class.

There are two ways of filing one is through online mode and the other physical mode. In order to file the application via online mode, an electronic application system “e-trademark” is provided. When one opens the portal of e trademark there are three language options provided which are German, Italian and French. Other way is to fill the form and sent it either via mail or by post. Email can be sent at this address “tm.admin@ekomm.ipi.ch” and the postal address is “Stauffacherstrasse 65/59g CH-3003 Bern”.

Objection and Opposition:

The registrar may refuse to register the mark if the mark does not fulfil the formal requirements laid down in this Act or in the Ordinance or if prescribed fees have not been paid or absolute grounds for refusal exist. If no objection occurs the mark is put up for publication and if no opposition is raised within three months of publication then the mark shall be registered.

If an opposition is filed it must be submitted in writing with a statement of reasons within three months of publication for registration along with the prescribed fees of CHF 800. If the opposition is justified, the registration shall be revoked in whole or in part; if this is not the case, the opposition shall be rejected.

Conclusion:

After the application is filed, a registration is valid for ten years, if not renewed the mark shall be removed from the register of trademarks and will lose its exclusive protection, however if a request for renewal is made and the payments specified i.e CHF 700 is paid, a registration will be extended for further ten-year periods. The request for renewal must be sent twelve months prior to expiry date and no later than six months after the validity period has expired.

A registered mark may also be removed from register if the owner hasn’t used the trade mark in connection with the goods or services for which it is claimed for an uninterrupted five years after the opposition period has passed without an opposition being filed or after the opposition proceedings have been resolved, he or she may no longer claim ownership of the mark, unless there are legitimate reasons for non-use.