If you are a business trading in Switzerland or intend to trade in Switzerland in the future, it is important to register the mark to obtain an exclusive right to it. The protection of trademarks is regional and therefore it is important to establish this in the first instance.
It is not compulsory to register your mark but it is advisable. Generally unregistered marks are not protected in Switzerland however; it is advantageous in the latter to obtain an exclusive right for your trademark.
The process of registering your trade mark will consist of 2 stages:
1. The Search
This is the most important part of the process as it will enable determine whether or not you should proceed with the registration. Our services include the following:
- Gather information from you about the products and/or services you trade with. We will then recommend the products and/or services that the trade mark will be best protected under.
- Conduct a comprehensive search for you, which will identify any similar or identical marks, including national and international trade marks registered in Switzerland.
- Report on the chances of registration.
The report will give details of any marks which may be similar or identical to the mark that you are trying to register, if this is the case it is advisable not to proceed with registration. If you choose to proceed with the registration, it is likely that the mark will be opposed and you may be prosecuted for trade mark infringement.
If the report comes back successful we move onto the next stage.
2. Registration
After it has been established that your mark is registerable the next stage is to proceed with the registration in Switzerland.
- The agents compile information about your trademark and fill in the necessary documents and file the mark.
- If your mark is registered, it is published online at www.swissreg.ch and you are sent a certificate of registration.
A registered trade mark gives the mark a 10 year term protection which can be renewed indefinitely, however if it is determined that you have not used the mark for the products and/or services it is registered under within 5 years your mark may lose its protection.
If you have any more questions about trademark registration please see our FAQs or call us free on 0800 862 0370
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