Trademark process in Switzerland

Switzerland is well-known for its strong economy and high quality of life, which creates special advantages for brand development. Switzerland has built a world reputation for high-quality, precise, and luxurious watches. Brands such as Rolex, Omega, Tissot have become symbols of class. In addition, the tradition of handmade watchmaking combined with modern technology creates unique and high-value products. The use of rare and high-quality materials such as gold and diamonds has contributed to enhancing the value and image of Swiss watches and jewelry products. The Swiss pharmaceutical industry is well-known for its large multinational pharmaceutical companies, which invest heavily in research and development of new drugs. Swiss pharmaceutical products are highly regarded for their quality and effectiveness. Switzerland has stunning natural scenery with majestic Alps, clear blue lakes, and quaint towns. The Swiss tourism industry is famous for its high-quality service, meeting the needs of fastidious customers. A stable and transparent business environment creates favorable conditions for businesses to develop. Thanks to the above advantages, Swiss brands have built a reputation and a solid position in the international market. Viet An Law would like to guide customers through the preliminary procedures for trademark registration in Switzerland through the article below.

Legal Basis

• Federal Law of August 28, 1992 on Trademark Protection and Indications of Origin (status as of January 1, 2022)

Guide to Trademark Definition in Switzerland

According to Swiss law, a trademark is a sign used to distinguish goods or services of an entity from other subjects. It must be unique and be able to be represented in graphic form. The registration of a trademark grants the owner the exclusive right to use that trademark in Switzerland for the registered goods or services.

Conditions for registering a trademark in Switzerland

• Uniqueness: Your trademark must be able to distinguish your goods or services from other companies. It must not be generic or descriptive.
• Graphic representation: Your trademark must be represented clearly and accurately. This includes words, letters, numbers, logos, shapes, sounds, and combinations thereof.
• No prior infringement: Your trademark must not conflict with existing trademarks or other intellectual property rights. It is advisable to search for a trademark before filing an application.

Types of trademarks that can be registered in Switzerland

Standard trademark

• Word trademark: Includes words, phrases, or slogans.
• Image trademark: Include logos, logos, or designs.
• Combination trademark: A combination of words and images.
• Three-dimensional trademark: Is the shape of the product or packaging.

Non-traditional trademark

• Sound trademark: Sounds that are specific to a product or service.
• Color marking: Specific colors used to identify goods or services.
• Motion trademark: Animation or animation.
• Location trademark: The specific location of an element on the product or packaging.

Collective trademark and Certification trademark

• Collective trademark: Used by a group of individuals or companies to identify products or services that originate in a specific area or have certain characteristics.
• Certification trademark: Indicates that the goods or services meet specific quality standards.

Guide for preparing trademark registration dossiers in Switzerland

• Trademark registration application: The applicant completes the following information:
  • Name and address of the applicant (individual or business)
  • Brand type (word, logo, image, etc.)
  • A detailed description of the trademark (meaning, color, typography, etc.)
  • List of goods or services according to the Nice classification system
  • Application Fee
• Trademark Templates: Two clear and easily visible copies of the trademark printed on a white background. If the trademark is colorful, a clear note should be made.
• Identification documents:
  • A copy of the applicant’s identity card or passport (if it is an individual).
  • Business registration certificate or business license (if it is an enterprise).
• Power of attorney (if applicable): If the applicant hires an attorney or legal representative to file the application, a valid power of attorney is required.
• Additional documents (if any): If the trademark has special elements, the applicant needs to provide explanatory or illustrative documents. For example, if the trademark is a complex logo, the applicant can provide technical drawings.
• Fee payment receipts: Some fees when registering a trademark include:
  • Application fee (10-year protection, extendable): CHF450, reduced to CHF100 if applying online
  • Surcharge for goods/services class (from the 4th class onwards): CHF100
  • Expedited Trademark Approval Fee: CHF400

Guide for filing a trademark registration dossier in Switzerland

To file a trademark protection application in Switzerland, you can file by the following filing methods:

• Direct filing: Clients can go directly to the Swiss Federal Institute of Intellectual Property at Stauffacherstrasse 65/59g CH-3003 Berne to submit the application and related documents.
• By post: You can send the application and all necessary documents via postal service or courier service to the Swiss Federal Institute of Intellectual Property at Stauffacherstrasse 65/59g CH-3003 Berne.
• By online via link: https://e-trademark.ige.ch/etrademark/index.jsf

If you want to file a trademark registration application in Switzerland, please contact Viet An Law for the most effective support.