If you want to register a trademark in Switzerland, then you should know that the right to a TM in Switzerland is established only upon registration. Therefore, legal protection is mainly granted to registered trademarks. However, as exceptions, unregistered trademarks may also be protected if they prove to be recognized by the wide audience.
Registration procedure
You can register a TM in Switzerland online. The procedure is governed by the Law on the Protection of Trademarks, the Federal Decree on the Protection of Trademarks, as well as by other regulatory legal acts. The executive body that implements the state registration of trademarks is The Federal Institute of Intellectual Property. The term for registering a trademark is approximately 6 months.
Both an individual and a legal entity can register a trademark in Switzerland. However, non-Swiss residents are required to provide their actual addresses in the country.
An application submitted to the regulator has to be drawn up in accordance with the established requirements. The application goes through two stages of examination: formal and qualification. On the first of them, it will be checked for compliance with formal requirements, on the second - with the absolute and relative criteria of protection defined by law.
Check before registering
Before registering a TM in Switzerland, it is recommended to conduct a search for identity and similarity with the designations already registered in the world in order to avoid refusal to register a trademark in Switzerland still at the examination stage. This service is provided free of charge. The registration itself takes effect when it is entered into the Register.
At the stage of qualification examination, a search is carried out for identity and similarity with already registered trademarks, as well as among those submitted for registration with an earlier filing/priority date.
If your TM was previously registered in another state-participant in the Paris Convention, you have certain preferences in TM registration in Switzerland.
Licensing
The right to TM can be transferred to a third party. A license agreement in Switzerland takes effect without any registration, but it must be filed in the trademark register. The parties are free to determine the terms of the agreement as they wish.
If you have decided to register a trademark in Switzerland, IQ Decision UK specialists will answer all your questions and provide assistance at all stages of trademark registration in Europe. Do not hesitate to contact us by filling out the form below or in any other convenient way.
