	Trademarks
	Switzerland
	(Europe) Firm Pestalozzi Updated 22 Mar 2021
What is the system for trademark protection in your country?	The system for trademark protection in Switzerland includes the following: Registration
To which international treaties does your country belong?	Switzerland belongs to the following international treaties: Paris Convention Madrid Agreement Madrid Protocol Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks Trademark Law Treaty ("*TLT") Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods* Singapore Treaty on the Law of Trademarks
What are the benefits of registering a trademark in your country?	The benefits of registering a trademark in Switzerland include: It prevails over common law rights It is the only form of protection available for trademarks It entitles the proprietor to bring an infringement action
Is it possible to obtain registration for the following types of marks under the registration system in your country?	Service marks Yes Defensive marks No Collective marks Yes, a collective mark represents the goods or services of an association of manufacturing, trading or service companies. Only associations can file a collective mark, not individuals. The applicant of the collective mark must file regulations governing the use of the mark with the Registration Office. The regulations shall designate those undertakings that are entitled to use the mark. Certification marks Yes, a guarantee mark is a sign that is used by several undertakings under the supervision of the proprietor of the mark and which serves to guarantee that goods and services possess specific characteristics. The applicant of the guarantee mark must file regulations governing the use of the mark with the Registration Office. The regulations shall designate the common characteristics of the goods or services which the mark is intended to guarantee; they shall also provide for effective control of the use and for appropriate sanctions. The trademark owner is responsible for meeting the requirements set out in the regulations. Anyone can file a guarantee mark. The guarantee mark may not be used for the goods or services of the proprietor of the mark. Well-known marks Yes, Swiss law recognizes the well-known marks according to Art. 6bis Paris Convention. In addition, Swiss law also recognizes the famous mark. This is the Swiss expression of well-known trademarks with protection outside the area of similarity. The requirements are outstanding reputation, uniqueness and general appreciation. Series marks No Marks in a different language or characters other than Roman characters Yes, in Switzerland, wordmarks are considered to be all signs that consist exclusively of printable characters according to ISO standard 8859-15. Fonts that are unusual in Switzerland (e.g. Chinese, Japanese or Cyrillic) are treated as figurative signs and are generally considered to be distinctive. However, the meaning of characters in unusual fonts taken into account for the assessment of whether a sign is contrary to public policy or morality. Non-traditional marks: Sound marks Yes, an acoustic mark must be represented by a notation system which must contain all relevant information (especially clef, note and rest values). On the application for registration, the note "acoustic mark" must be applied. Non-traditional marks: Smell marks No, due to the broad trademark definition in the law, other types of trademarks are conceivable, such as smell and taste marks. These types of trademarks are currently opposed by the lack of graphic representability. Non-traditional marks: Position marks Yes, a position mark is characterized by a constant character element (basic character), which is always applied to the same, precisely designated position of the goods. It must be clear from the illustration for which parts of the represented object trademark protection is applied for (basic sign). Those parts which serve only to illustrate the position can be represented by means of dashed lines, for example. Clarifying statements can also be included in the application for registration. For the purpose of a clear definition of the object of protection, a sign of the trademark type "positional mark" can only be claimed for the type of goods or services which it fully or partially represents. On the application for registration the note "position mark" must be applied. Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color) Yes, In the application, the claimed color designation(s) must be stated under "color claim" and specified in an internationally recognized color standard (e.g. Pantone, RAL or NCS). Under "Trademark" or "Remarks", the note "color trademark" shall be added. A colored illustration (maximum 8 × 8 cm) shall be attached to the application for registration. In the case of a plurality of colors, the ratio of use of the individual colors may be indicated in the application. It is not absolutely necessary to indicate the percentage of use. If the ratio of use is not indicated, the examination of the trademark will be based on the division as shown in the illustration. Non-traditional marks: Shape or three-dimensional marks Yes, the three-dimensional character of the mark must be evident from the illustration and the object of protection must be determined with sufficient precision. For this reason, perspective images or multiple images from different angles are necessary. In addition, the applicant must include the note "three-dimensional mark" on the application for registration. In the absence of such an indication, the mark will be treated as a figurative mark.
What are the documents and information required for filing a trademark application in your country?	Documents and information required to file a trademark application in Switzerland include: Name and address of the applicant Representation of the trademark Goods and services and the class(es) for which the trademark is to be registered Other: Application form, domicile for delivery in Switzerland (if the applicant is a foreigner), name of the recipient (if there are several depositors), name and address of the representative (if there is one), declaration of priority (if there is one), specifications for collective or guarantee mark.
Are multi-class applications permitted in your country?	Yes, multi-class applications are permitted in Switzerland. There is no maximum, however, the fee is variable: up to three classes the fee amounts to CHF 550. for each additional class, CHF 100 is added.
Is there substantive examination of trademarks?	Yes, there are substantive examinations of trademarks on the following grounds: Substantive grounds
What are the absolute grounds for refusal?	Absolute grounds for refusal of a trademark in Switzerland include: Mark has direct reference to the character or quality of the goods or services Mark is not distinctive Mark consists of a geographical name Mark consists of letters of the alphabet Mark consists of numerals Mark consists of geometric shapes Other: Swiss law provides four absolute grounds for refusal: (1) Common property (i.e. non-distinctive signs),(2) specific shapes which constitute the essence of the goods or are technically necessary, (3) misleading signs and (4) signs which are contrary to public order, morality or applicable law. Therefore geographical indications, letters of the alphabet, numerals are refused protection as soon as there are considered to be non-distinctive linked with the applied goods and/or services.
What are the relative grounds for refusal?	Relative grounds for refusal of a trademark in Switzerland include: There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark Well-known mark: There is a well-known mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark
What is the time period from application to registration for a straightforward trademark application in your country?	The time period from application to registration in Switzerland is between 6-12 months.
Is late renewal of a trademark registration permissible in your country?	Yes, late renewal of trademark registration is permissible in Switzerland. There is a 6-month grace period. If one makes use of it, an extra fee amounting to CHF 50.00 must be paid.
Does evidence of use need to be submitted to the trademark office at any time in order to maintain an application for registration or a registration of a trademark in your country?	No, evidence of use does not need to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Switzerland.
Are trademark licensees required to record themselves with the Registrar?	No, trademark licensees are not required to record themselves with the Registrar in Switzerland, however, it is recommended. Each party can request the registration of the license. The form must include the following documents: (i) an express declaration by the trademark owner or other sufficient document that the owner authorizes the licensee to use the trademark; (iii) the surname and first name or business name and address of the licensee; (iii) if applicable, an indication that it is an exclusive license; (iv) in the case of a partial license, an indication of the goods or services, or the territory for which the license has been granted.
What are the available enforcement methods in your country?	Available enforcement methods in Switzerland include: Civil enforcement Infringement action Misdemeanor enforcement Border or other administrative enforcement measures
Are there any peculiarities not mentioned above in the system of protection for trademarks in your country of which it is important for clients to be aware?	None identified.

Trademarks

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What is the system for trademark protection in your country?

The system for trademark protection in Switzerland includes the following:

Registration

To which international treaties does your country belong?

Switzerland belongs to the following international treaties:

Paris Convention
Madrid Agreement
Madrid Protocol
Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
Trademark Law Treaty ("TLT")
Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods
Singapore Treaty on the Law of Trademarks

What are the benefits of registering a trademark in your country?

The benefits of registering a trademark in Switzerland include:

It prevails over common law rights
It is the only form of protection available for trademarks
It entitles the proprietor to bring an infringement action

Is it possible to obtain registration for the following types of marks under the registration system in your country?

Service marks

Yes

Defensive marks

Collective marks

Yes, a collective mark represents the goods or services of an association of manufacturing, trading or service companies. Only associations can file a collective mark, not individuals. The applicant of the collective mark must file regulations governing the use of the mark with the Registration Office. The regulations shall designate those undertakings that are entitled to use the mark.

Certification marks

Yes, a guarantee mark is a sign that is used by several undertakings under the supervision of the proprietor of the mark and which serves to guarantee that goods and services possess specific characteristics. The applicant of the guarantee mark must file regulations governing the use of the mark with the Registration Office. The regulations shall designate the common characteristics of the goods or services which the mark is intended to guarantee; they shall also provide for effective control of the use and for appropriate sanctions. The trademark owner is responsible for meeting the requirements set out in the regulations. Anyone can file a guarantee mark. The guarantee mark may not be used for the goods or services of the proprietor of the mark.

Well-known marks

Yes, Swiss law recognizes the well-known marks according to Art. 6bis Paris Convention. In addition, Swiss law also recognizes the famous mark. This is the Swiss expression of well-known trademarks with protection outside the area of similarity. The requirements are outstanding reputation, uniqueness and general appreciation.

Series marks

Marks in a different language or characters other than Roman characters

Yes, in Switzerland, wordmarks are considered to be all signs that consist exclusively of printable characters according to ISO standard 8859-15. Fonts that are unusual in Switzerland (e.g. Chinese, Japanese or Cyrillic) are treated as figurative signs and are generally considered to be distinctive. However, the meaning of characters in unusual fonts taken into account for the assessment of whether a sign is contrary to public policy or morality.

Non-traditional marks: Sound marks

Yes, an acoustic mark must be represented by a notation system which must contain all relevant information (especially clef, note and rest values). On the application for registration, the note "acoustic mark" must be applied.

Non-traditional marks: Smell marks

No, due to the broad trademark definition in the law, other types of trademarks are conceivable, such as smell and taste marks. These types of trademarks are currently opposed by the lack of graphic representability.

Non-traditional marks: Position marks

Yes, a position mark is characterized by a constant character element (basic character), which is always applied to the same, precisely designated position of the goods. It must be clear from the illustration for which parts of the represented object trademark protection is applied for (basic sign). Those parts which serve only to illustrate the position can be represented by means of dashed lines, for example. Clarifying statements can also be included in the application for registration. For the purpose of a clear definition of the object of protection, a sign of the trademark type "positional mark" can only be claimed for the type of goods or services which it fully or partially represents. On the application for registration the note "position mark" must be applied.

Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)

Yes, In the application, the claimed color designation(s) must be stated under "color claim" and specified in an internationally recognized color standard (e.g. Pantone, RAL or NCS). Under "Trademark" or "Remarks", the note "color trademark" shall be added. A colored illustration (maximum 8 × 8 cm) shall be attached to the application for registration. In the case of a plurality of colors, the ratio of use of the individual colors may be indicated in the application. It is not absolutely necessary to indicate the percentage of use. If the ratio of use is not indicated, the examination of the trademark will be based on the division as shown in the illustration.

Non-traditional marks: Shape or three-dimensional marks

Yes, the three-dimensional character of the mark must be evident from the illustration and the object of protection must be determined with sufficient precision. For this reason, perspective images or multiple images from different angles are necessary. In addition, the applicant must include the note "three-dimensional mark" on the application for registration. In the absence of such an indication, the mark will be treated as a figurative mark.

What are the documents and information required for filing a trademark application in your country?

Documents and information required to file a trademark application in Switzerland include:

Name and address of the applicant
Representation of the trademark
Goods and services and the class(es) for which the trademark is to be registered
Other: Application form, domicile for delivery in Switzerland (if the applicant is a foreigner), name of the recipient (if there are several depositors), name and address of the representative (if there is one), declaration of priority (if there is one), specifications for collective or guarantee mark.

Are multi-class applications permitted in your country?

Yes, multi-class applications are permitted in Switzerland. There is no maximum, however, the fee is variable: up to three classes the fee amounts to CHF 550. for each additional class, CHF 100 is added.

Is there substantive examination of trademarks?

Yes, there are substantive examinations of trademarks on the following grounds:

Substantive grounds

What are the absolute grounds for refusal?

Absolute grounds for refusal of a trademark in Switzerland include:

Mark has direct reference to the character or quality of the goods or services
Mark is not distinctive
Mark consists of a geographical name
Mark consists of letters of the alphabet
Mark consists of numerals
Mark consists of geometric shapes
Other: Swiss law provides four absolute grounds for refusal: (1) Common property (i.e. non-distinctive signs),(2) specific shapes which constitute the essence of the goods or are technically necessary, (3) misleading signs and (4) signs which are contrary to public order, morality or applicable law. Therefore geographical indications, letters of the alphabet, numerals are refused protection as soon as there are considered to be non-distinctive linked with the applied goods and/or services.

What are the relative grounds for refusal?

Relative grounds for refusal of a trademark in Switzerland include:

There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark
There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark
Well-known mark: There is a well-known mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark

What is the time period from application to registration for a straightforward trademark application in your country?

The time period from application to registration in Switzerland is between 6-12 months.

Is late renewal of a trademark registration permissible in your country?

Yes, late renewal of trademark registration is permissible in Switzerland. There is a 6-month grace period. If one makes use of it, an extra fee amounting to CHF 50.00 must be paid.

Does evidence of use need to be submitted to the trademark office at any time in order to maintain an application for registration or a registration of a trademark in your country?

No, evidence of use does not need to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Switzerland.

Are trademark licensees required to record themselves with the Registrar?

No, trademark licensees are not required to record themselves with the Registrar in Switzerland, however, it is recommended. Each party can request the registration of the license. The form must include the following documents: (i) an express declaration by the trademark owner or other sufficient document that the owner authorizes the licensee to use the trademark; (iii) the surname and first name or business name and address of the licensee; (iii) if applicable, an indication that it is an exclusive license; (iv) in the case of a partial license, an indication of the goods or services, or the territory for which the license has been granted.

What are the available enforcement methods in your country?

Available enforcement methods in Switzerland include:

Civil enforcement
- Infringement action
Misdemeanor enforcement
Border or other administrative enforcement measures

Are there any peculiarities not mentioned above in the system of protection for trademarks in your country of which it is important for clients to be aware?

None identified.

Trademarks

Switzerland

Trademarks

Switzerland

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