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Protecting Your Business Identity in Switzerland: A Complete Guide to Trademark Registration

Registering a trademark in Switzerland is a crucial process for businesses wishing to protect their identity and their products or services. Here is a detailed guide based on the information provided by the Federal Institute of Intellectual Property (IPI).

Protecting Your Business Identity in Switzerland: A Complete Guide to Trademark Registration

The trademark registration process in Switzerland begins with a preliminary search to avoid conflicts with existing trademarks, followed by the submission of the application via the e-trademark system or by mail. The formal and substantive examination by the IPI ensures that the application is compliant, after which it is published on Swissreg to allow for the possible opposition of other trademark holders. In the absence of opposition, or once resolved, the trademark is registered and protected for ten years, renewable indefinitely. Trademarks can be of various types, including three-dimensional shapes, melodies, or colors, provided they have a distinctive character. The associated costs include a base fee of CHF 450 for filing, with additional fees for extra services like accelerated examination or registration of additional classes.

 

Steps for Trademark Registration in Switzerland

 

Preparation and Research:

Before filing a trademark registration application, it is crucial to ensure that the trademark does not infringe on the rights of third parties, such as previous trademarks. The IPI strongly recommends using its database for a preliminary search.

 

Filing the Application:

The application can be filed electronically via the e-trademark system or by postal mail by sending the duly completed form. For individuals or companies based abroad, it is necessary to go through a representative in Switzerland.

 

Examination and Publication:

The IPI conducts the formal and substantive examination of the application, especially verifying the list of products and services. Once the application is deemed compliant, it is published on Swissreg, offering the public the opportunity to follow its status.

 

Opposition:

After publication, a three-month period is allowed for previous trademark holders to form opposition if they believe the new trademark infringes on their rights.

 

Registration:

In the absence of opposition or once the opposition is resolved, the trademark is registered and a registration certificate is issued. The protection of a trademark in Switzerland takes effect from its entry in the register and lasts for ten years, renewable indefinitely.

 

Types of Trademarks and Associated Costs

 

Trademarks in Switzerland can take various forms, such as words, logos, three-dimensional shapes, melodies, or even specific colors, provided they have a distinctive character. More rare types include movement marks, hologram marks, and position marks.

 

As for the costs, the base fee for filing a trademark is CHF 450, with a CHF 100 discount for electronic filings. Additional fees apply for extra classes beyond the third and for the accelerated examination procedure. The renewal fee is CHF 700 until June 30, 2024, after which it changes to CHF 550 for ten years, with the possibility of indefinite renewal.

 

Registering a trademark in Switzerland is an important investment for protecting business identity. It requires careful preparation, including thorough research and understanding of the associated costs. For more detailed information, it is advised to directly consult the IPI website and, if necessary, to seek out an intellectual property specialist such as My Swiss Company – Corporate Services Provider in Switzerland.

 

Contact us to start your initial consultation now. We would be delighted to meet you and define with you the next steps of your trademark registration for your company in Switzerland.

 

Fill out our contact form or call us at +41(0)22 566 82 44