A trademark is an intangible asset that plays a key role in protecting a business’s brand in a competitive market. In Switzerland, trademark registration gives the owner the exclusive right to use and prevent infringement from third parties. However, this exclusive right does not exist forever but is only valid for a certain period of time in accordance with Swiss law. Therefore, in order to continuously maintain ownership and protect the trademark effectively, renewing the trademark registration on time is an extremely important and mandatory procedure. Viet An Law would like to guide customers through the preliminary procedures for extending trademark registration in Switzerland through the article below.
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In Switzerland, the successful registration of a trademark will give the owner exclusive protection rights for a period of 10 years. The initial validity period is calculated from the date of filing the trademark registration application. To ensure that this protection right is maintained continuously, without interruption or lapse, the owner needs to carry out the procedure for renewing the trademark registration before the current term ends. Each successful renewal, the protection of the trademark will be extended for another 10 years. This 10-year cycle is calculated continuously, starting from the most recent expiration date of that trademark.
The owner can actively file an renewal request within 12 months before the current expiration date of the trademark. However, according to the practice and recommendations from the Swiss Federal Institute of Intellectual Property (IPI), the most common time to do this is within 6 months before the expiration date.
If the owner for some reason is unable to complete the renewal procedure within the above-mentioned period (before the expiration date), Swiss law still stipulates that this grace period lasts for 6 months, starting from the expiration date of the trademark. During this grace period, the owner can still file a request for renewal and reinstatement of his trademark. However, renewals during the grace period will be subject to an additional fee at the rate specified by IPI, in addition to the usual renewal fee.
This is the traditional method and is still accepted. The owner or representative needs to prepare a written request for renewal according to the form provided by IPI. The petition will then be mailed to IPI’s address in Bern, Switzerland. When using the postal method, it should be noted that the shipping and internal processing time at IPI may be longer than online filing. Confirmation that IPI has received an renewal request may also take additional time.
Once the trademark owner (or authorized representative) has filed a request for renewal by one of the two methods stated (online or by post) and has paid the fee in full in accordance with IPI regulations, the Swiss Federal Institute of Intellectual Property (IPI) will proceed to process the request.
The processing process at IPI includes checking to ensure that the renewal request is valid, in accordance with regulations and that the payment of the fee has been recorded IPI will record the renewal in the Swiss national register of trademarks. This recognition is an act of marking that your trademark has been successfully renewed, and its protection is extended for another 10 years, counting from the previous expiration date.
Finally, to confirm to the owner that the renewal of the trademark registration has been completed, IPI will issue a confirmation notice. This notice will be sent to the contact address of the owner or representative on record.
