contact
Your law firm Bartel Legal.
address
-
Kampenwandstrasse 90
83229 Aschau - +49 8052 6779973
- u.bartel@bartel.legal
Opening hours
Mon – Fri 08:30 – 18:00
Bartel Legal - Strong brands require reliable protection. We're at your side.
CH trademark registration procedure - process and preparation
Expert article on trademark law
1. Preparing the registration
-
Trademark research: Before registering, you should check whether identical or similar trademarks are already registered in Switzerland. This way, conflicts with older rights can be avoided.
-
Choice of brand form: We will decide together whether a word mark, word/image mark (logo), image mark or another type of trademark should be registered and which variant(s) make legal and strategic sense.
-
List of goods and services: Every trademark must clearly indicate the products and services for which protection is claimed. The classification is also based on the international Nice classesPrecise wording is crucial for the scope of protection.
2. Filing the application with the IPI
-
Registration is done electronically or in writing to Swiss Federal Institute of Intellectual Property (IGE) in Berne.
-
The official filing fees must be paid upon filing. The official fees depend on whether the application is submitted electronically or in writing:
Written registration: Basic fee for up to three classes 450 CHF, for each additional class 100 CHF.
Electronic registration: Basic fee for up to three classes: CHF 350, for each additional class: CHF 100.
3. Examination by the IGE
a) Formal examination
-
completeness: All required information (applicant, trademark, directory) must be available.
-
Fees: The official registration fees must be paid on time.
-
correctness: Information must be clear and consistent.
b) Examination of the list of goods and services
-
Clarity and unambiguousness: The terms must be formulated so precisely that it is clear what protection is claimed for.
-
Vague or unclear terms are not permitted.
-
Classification: The IPI checks whether the information is assigned to the correct Nice classes.
-
revision: In case of ambiguities, the IGE objects to the list and requests an adjustment.
c) Substantive examination (absolute grounds for refusal)
The IPI examines whether the trademark is eligible for registration. Reasons for refusal include:
- lack of distinctiveness (e.g. purely descriptive or advertising terms),
- descriptive information,
- risk of deception,
- protected national emblems,
- Violations of public order or morality.
4. Registration and publication
-
If the application is accepted, the IPI enters the trademark in the trademark register and publishes it.
-
From publication begins a three-month objection period, in which owners of older trademark rights can take action against the registration.
-
Deletion procedures are possible even after the objection period has expired
5. Duration of protection
-
A Swiss brand is first and foremost 10 years from the date of registration protected and can be renewed as often as required for 10 years each.
In short:
The Swiss trademark registration process is efficient and straightforward. The IPI only examines absolute grounds for refusal – not prior rights. Protection against conflicts is provided by the Objection procedure (3 months) as well as subsequent cancellation proceedings. Registration creates long-term, renewable trademark protection for the entire country of Switzerland.
English 
German