Protecting Your Trademark in Switzerland
A trademark is a distinctive sign used to identify the goods or services of a business and distinguish them from those of competitors. In Switzerland, trademark protection is governed by the Federal Act on the Protection of Trademarks and Indications of Source (TMA) of 28 August 1992. The Federal Institute of Intellectual Property (IPI) in Berne is the competent authority for registration. PBM Avocats assists you in Geneva and Lausanne to protect and defend your trademark.
The Types of Trademarks Protectable in Switzerland
| Type of Trademark | Description | Examples |
|---|---|---|
| Word mark | Word(s) alone | Company names, slogans |
| Figurative mark | Logo, image, drawing | Graphic logos without text |
| Combined mark | Text + image | Logo with brand name |
| Three-dimensional mark | Shape of a product or packaging | Distinctive bottle shapes |
| Colour mark | Distinctive colour(s) | Distinctive colour of a brand |
| Sound mark | Jingle, distinctive melody | Musical signature of a brand |
The Procedure for Filing a Trademark at the IPI
- Prior art search: before filing, check whether similar trademarks are already registered (IPI, EUIPO, WIPO databases)
- Filing the application: online or paper form at the IPI, with representation of the trademark, list of goods/services (Nice classes), and payment of the fee (CHF 450 for 3 classes)
- IPI examination: the IPI checks absolute grounds for exclusion (distinctive character, deceptive signs, contrary to public policy). Examination period: generally 2–4 months
- Publication and opposition period: the accepted trademark is published in Swissreg/Swiss Official Gazette. Any third party may file an opposition within 3 months
- Registration: if no opposition is filed or all are rejected, the trademark is registered and protected for 10 years
Grounds for Exclusion from Registration
The IPI may refuse registration on absolute grounds (art. 2 TMA):
- Signs belonging to the public domain (generic words, common shapes)
- Deceptive signs as to the nature, quality or origin of the goods/services
- Signs contrary to public policy, morality or the law in force
- Exclusively descriptive signs of the characteristics of the product
- Official coats of arms and Red Cross signs
Opposition on relative grounds (art. 3 TMA: similar earlier trademark for similar goods/services creating a likelihood of confusion) may be filed by the holder of an earlier trademark within 3 months of publication.
International Trademark Protection
To protect a trademark beyond Switzerland, several routes exist:
- Madrid Agreement / Madrid Protocol: international filing via WIPO, designating the desired countries. More cost-effective for several countries simultaneously
- European Union Trade Mark (EUIPO): protection in all EU countries in a single filing (approximately CHF 850)
- Direct national filings: in each country where protection is desired
Trademark Counterfeiting: Acting Effectively
In the event of violation of your trademark (counterfeiting, abusive use, parasitism):
- Urgent provisional measures: seizure of counterfeit goods, provisional prohibition of use, ordered by the court within a few days
- Civil action (art. 55 TMA): cessation, declaration, damages, disgorgement of profits, publication of the judgment
- Criminal action (art. 61 TMA): upon complaint, may result in a custodial sentence or fine
- Customs intervention: notification to the FOCBS to block counterfeit goods being imported
How much does filing a trademark in Switzerland cost?
The official filing fee for a trademark at the IPI (Federal Institute of Intellectual Property) is CHF 450 for the first three Nice classes. Each additional class costs CHF 100 more. Lawyer or intellectual property attorney fees are generally added. Renewal every 10 years costs CHF 700 (first 3 classes).
What signs can be filed as a trademark in Switzerland?
Any sign capable of graphic representation may be filed as a trademark: words, logos, combinations of words and logo, three-dimensional shapes, colours (if distinctive), sounds, slogans. The trademark must be distinctive (not descriptive of the product or service) and must not conflict with absolute grounds for exclusion (deceptive signs, contrary to public policy, etc.).
How long does protection of a Swiss trademark last?
A Swiss trademark is protected for 10 years from the filing date. It is renewable indefinitely in 10-year increments, provided that renewal fees are paid. Unlike patents, a trademark can theoretically last forever if it is regularly renewed and effectively used.
What is the risk of revocation for non-use?
A Swiss trademark may be revoked if its holder does not use it effectively in Switzerland for 5 consecutive years (art. 12 TMA). The revocation action may be brought by any person with an interest in the cancellation of the trademark. To avoid revocation, the holder must prove genuine use in the Swiss market for the registered goods/services.
How to act against trademark counterfeiting in Switzerland?
In the event of counterfeiting, you may: (1) send a cease and desist letter; (2) request urgent provisional measures from the court; (3) bring a civil action for cessation, declaration and damages (art. 55 et seq. TMA); (4) file a criminal complaint for counterfeiting (art. 61 TMA). Customs intervention may also block counterfeit goods at import.