Trademarks Law in Switzerland
Here’s an overview of Trademark Law in Switzerland:
🇨🇭 Trademark Law in Switzerland
Trademark protection in Switzerland is governed by:
Swiss Federal Act on the Protection of Trade Marks and Indications of Source (Trademark Act, TmPA), last revised in 2019.
Administered by the Swiss Federal Institute of Intellectual Property (IPI).
Switzerland is a member of international treaties including the Paris Convention, Madrid Protocol, and TRIPS Agreement.
Though not an EU member, Switzerland participates in the European Trademark system via the Madrid System and bilateral agreements.
Key Features:
1. Definition of a Trademark
Any sign capable of distinguishing the goods or services of one enterprise from those of others.
Can include words, logos, shapes, colors, sounds, and other distinctive elements.
2. Registration Authority
Swiss trademarks are registered with the IPI.
Switzerland is also covered under the Madrid Protocol for international registrations designating Switzerland.
3. Registration Process
Applications are filed with the IPI.
Must specify classes of goods/services under the Nice Classification.
The IPI conducts formal examination, but not substantive examination for distinctiveness.
The mark is published for opposition for 3 months.
Registration lasts for 10 years from filing date, renewable indefinitely.
4. Grounds for Refusal
Marks that lack distinctiveness.
Marks contrary to public order or morality.
Conflicts with earlier trademarks.
Descriptive or generic marks are generally refused.
5. Rights Conferred
Exclusive right to use the trademark in Switzerland for registered goods/services.
Right to prevent unauthorized use or infringement.
Right to license, assign, or pledge the trademark.
6. Infringement and Enforcement
Trademark infringement includes unauthorized use causing confusion.
Remedies include injunctions, damages, and destruction of infringing goods.
Swiss courts handle enforcement cases.
7. International Treaties
Switzerland is a party to:
Paris Convention
Madrid Protocol
TRIPS Agreement
Facilitates international trademark protection and filing.
Additional Notes:
Switzerland’s trademark law is harmonized with international standards.
The IPI provides an online system for filing and managing trademarks.
Swiss trademarks provide protection only within Switzerland; for EU-wide protection, separate EU trademark registration is required.
RELATED Blog
0 comments