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Termination of the German-Swiss Agreement of 1892 – What trademark owners must consider
Expert article on trademark law
Termination of the German-Swiss Agreement of 1892 – What trademark owners must consider
With effect from 31 May 2022, Germany has terminated the “Agreement between Switzerland and Germany concerning the reciprocal protection of patents, designs and trademarks” of 1892.
This bilateral agreement, which for over 100 years provided relief for owners of intellectual property rights in the respective territory of the other contracting party, is no longer valid. The agreement contained provisions regarding the legally valid use of a trademark. Acts of use in Switzerland were recognized for German trademarks, and vice versa. This sometimes life-saving option is now no longer available. It may make sense to re-register trademarks, depending on the usage situation, provided this is legally permissible.
Otherwise, the usual requirements remain: trademark owners who wish to enjoy protection in both Germany and Switzerland must file their trademark applications separately in both countries or protect their national trademark through an international registration.
Abolition of the German-Swiss Agreement – significance for trademark owners
The abolition of the German-Swiss Agreement particularly affects trademark owners, as it entails significant changes in the area of trademark law.
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A key advantage of the agreement was that trademark owners could prove the legitimate use of their trademark in the other country as well.
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This made it easier to protect the trademark, primarily in the case of cancellation applications due to a lack of legitimate use.
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Change in the legal framework
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Following the abolition of the agreement, trademark owners in Germany and Switzerland must now ensure that their trademark is actually used in the respective territory in order to maintain trademark protection.
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In the past, acts of use in the other contracting party were also recognized as preserving rights.
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This option is no longer available, meaning that a trademark used in one of the two countries can no longer automatically be defended against a cancellation application in both countries.
Protect your trademark in a timely manner! Our trademark attorneys will advise you comprehensively on the legal consequences of the termination of the German-Swiss Agreement and help you protect your trademark rights in both countries. Contact us today to continue to effectively protect your trademark!
Temporal relevance of the abolition of the German-Swiss agreement for trademark owners
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The abolition of the German-Swiss Agreement takes effect ex nunc, which means that there is no retroactive repeal of the agreement.
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Although some aspects remain unclear, there are indications that trademark owners may continue to rely on acts of use in the territory of the other party during the relevant period of the last five years.
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However, this option only applies to usage until May 31, 2022.
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Future implications for brand owners
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The abolition of the agreement will be relevant for all brands after May 31, 2027 at the latest.
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This is because all acts of use in the territory of the other country will then fall outside the five-year period and will therefore no longer be recognized as preserving rights.
Secure your trademark rights in a timely manner! Our trademark attorneys will inform you about the implications of the termination of the agreement and assist you in ensuring optimal trademark protection in both countries. Contact us today to secure your trademark strategy for the long term!
Consequences for brand strategy – adjustments for brand owners in Germany and Switzerland
Trademark owners of German or Swiss trademarks who have previously used their trademark exclusively in the other country must prepare for changes in their usage situation.
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Following the abolition of the German-Swiss agreement, it is no longer possible to count acts of use in the other country as rights-preserving use.
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Recommended steps to ensure trademark protection
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It is therefore advisable to review your trademark portfolio and consider possible new registrations of the trademarks in question, provided that this is permissible under repeat registration aspects.
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This way, you can secure long-term trademark protection in both countries and minimize potential risks from the new regulations.
Optimize your brand strategy! Our trademark attorneys will help you review your trademark portfolio and adjust it in a timely manner to ensure trademark protection in Germany and Switzerland. Contact us now for a professional review of your brand strategy and optimal protection of your trademark rights!
Trademark registration in Switzerland – Professional support from trademark lawyers
Optimize your brand strategy with our support! Our trademark attorneys will help you efficiently file your trademark application in Switzerland and adapt your trademark portfolio in a timely manner to ensure trademark protection in both Switzerland and Germany.
Contact us now to professionally protect your trademark rights and optimize your brand strategy!
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