Trade and Service Marks

– Federal Act on the Protection of Trademarks and Indications of Source of August 28, 1992, in force since April 1, 1993; last amendments in force since July 1, 2023.
– Ordinance on the Protection of Trademarks and Indications of Source of December 23, 1992, in force since April 1, 1993; last amendments in force since January 1, 2022.

Membership in International Conventions

Also refer to Section II. “Patents of Invention“.

– Madrid Agreement for the International Registration of Marks, Stockholm (1967).
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, since May 1, 1997.
– Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (1957), Stockholm (1967), and Geneva (1977).
– Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods (1891), Stockholm (1967).
– WTO’s TRIPS Agreement, since July 1, 1995.
– Trademark Law Treaty, since May 1, 1997.
– Singapore Treaty on the Law of Trademarks, since March 16, 2009.
– Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, Geneva Act, since December 1, 2021.

Filing

Applicants: anybody.  

Foreigners and nationals not living in the country: must appoint a local representative. 

Trademarks of foreigners: no special provisions. 

Registration: has a declaratory effect; it determines the beginning of the period of protection. 

Excluded from registration: national or religious emblems or insignia, trademarks offending good morals, geographic terms and generic names.

Colors: may be claimed.

Service marks: registrable.

Collective and guarantee (certification) marks: registrable.

Three-dimensional marks: registrable.

Well-known marks: are protected.

Priority: date of filing or of Convention priority.

Classification: international. 

Territory covered: Switzerland (not Liechtenstein).

Filing requirements for an application (to be sent to resident agent):
1. The mark (word mark or label) and the list of goods/services for which the mark should be protected;
2. 1 print (for labels only);
3. Priority document (if any).

Minimum requirements to obtain a filing date: name and address of the applicant, the mark and the list of goods or services. 

Terms for filing the missing documents: are fixed by the Federal Institute, generally two to three months after the filing date; extendible.

If priority is claimed, the country and filing date must be indicated at the time of filing. The priority document has to be filed within six months. 

Electronic filing: available.

Electronic signatures: scanned copies of handwritten (wet) signed documents are accepted. The original signed documents are not required, however, the Federal Institute reserves the right to request the original signed document at a later date. The electronic signature is also accepted under strict conditions which make it possible to guarantee the authenticity of a document, a message or other electronic data and to ensure the identity of the signatory. It is based on a certification infrastructure managed by third party providers - certification services providers, that are recognized in Switzerland or abroad.

Examination

Examination: only as to absolute grounds.

Urgent examination and registration: can be requested at filing time or later; the registration is obtainable within one month, upon payment of additional fees. 

Objections of the Registrar: are notified by official letters. 

Amendments: possible, but amendments which are considered to be an enlargement of the application will lead to postponement of the filing date. 

Disputes about ownership: must be settled before a court. 

Secrecy: details on registered marks are disclosed on request. 

Disclaimers: not available. 

Letters of consent: not relevant (the examination is carried out as to absolute grounds only).

Registration, Protection

Delivery of registration certificate and publication: normally four to six months after filing. The registration certificate is issued in digital format only.

Duration of protection: ten years from filing date.

Opposition: possible within three months from the publication date by the owner of an identical or confusingly similar prior mark covering identical or similar goods/services.

Appeals against a decision of the Swiss Federal Institute of Intellectual Property can be filed before the Federal Administrative Court within thirty days from the notification of the decision. 

Renewal: may be filed within one year before the date of expiry, for further periods of ten years; grace period: six months. No modification of the registration is accepted.

Rights of the owner: he is solely entitled to use the mark. 

Rights of prior user: he has the right to continue using the mark to the same extent as before. 

Assignment: possible without the goodwill of the business, and must be recorded at the Federal Institute.

License: can be registered (not compulsory). Trademarks can be licensed for all or part of the registered products and services and for all or part of Switzerland.

Use: compulsory. Without use for five consecutive years, the registration may be declared invalid if attacked by a third party. Under certain conditions, use of the same registered trademark in Germany is considered equivalent to the use of the registered trademark in Switzerland.

Marking of registered goods: not compulsory. 

Text of marking: “®” (means registered trademark), not compulsory.

Infringement and penalties: criminal and civil action can be brought against the infringer.

Custom provisions: if the owner of a mark has good reasons to believe that goods unlawfully bearing the mark are imported or exported, he may file an appropriate request with the custom authorities to monitor suspect shipments and further request the seizure of the goods.

Modification of Protection after Registration

Modification of registration: modifications of the mark are not accepted. The list of goods/services may only be restricted. Important modifications of the mark or extensions of the list of goods/services can only be obtained by filing a new application. 

Cancellation of registered trademark: possible by nullification proceedings before a court.

Non-use cancellation action: can be brought before the Swiss Federal Institute of Intellectual Property.

Nullification: ex officio cancellation is possible if the registration violates the existing provisions (refer to Section 3, “Filing“, above).

Compulsory licenses: none.

Expropriation: not possible. 

Validation of invalidated mark: possible if reason for invalidation was non-use and use is resumed.