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.
Trademark registration in Switzerland
Expert article on trademark law
Trademark registration in Switzerland – Professional trademark protection for your company
Regardless of your company's registered office, you can register and protect your trademark in Switzerland. Trademark registration is handled by the Federal Institute of Intellectual Property (IGE) in Bern, the competent authority for trademark protection in Switzerland.
Our trademark attorneys will assist you in correctly and efficiently registering your trademark with the IPI and securing its long-term protection. Contact us now to professionally register your trademark in Switzerland!
Registration procedure for a Swiss trademark with the IPI – step by step to trademark protection
Registering a Swiss trademark can be done not only nationally with the help of our Swiss colleagues at the Federal Institute of Intellectual Property in Bern, but also through the World Intellectual Property Organization (WIPO) in Geneva. We will discuss with you which of these two options makes sense for your company during a preliminary consultation.
To register an IR trademark with protection in Switzerland: First, the international registration of a basic trademark is submitted via the Madrid Agreement (MMA) or the Protocol to the Madrid Agreement (PMMA).
This method extends the trademark protection of an already registered or pending trademark to Switzerland. The basic trademark is registered with the Swiss Federal Institute of Intellectual Property (IGE), ultimately giving you a Swiss trademark.
-
Requirements for international registration
-
The registration of a trademark through WIPO is possible if both the country of origin in which the basic trademark is registered or at least applied for and Switzerland are members of the MMA or PMMA.
-
This applies to German trademarks and EU trademarks, as Germany is a member of both agreements and the European Union is a member of the PMMA. This route is also possible for many other countries.
-
The application for a Swiss trademark must be filed with the national trademark office of the country of origin of the basic trademark. This means:
-
For a German basic trademark, the application is made to the German Patent and Trademark Office (DPMA).
-
If a European Union trademark is used as a basic trademark, the application is made to the European Union Intellectual Property Office (EUIPO).
-
After the initial examination, the national trademark office forwards the application to WIPO, which re-examines the application.
-
After the examination is completed, the application is forwarded to the Swiss Trademark Office (IGE), where the application is examined again and the final decision on the trademark registration in Switzerland is made.
Our trademark attorneys will guide you through the entire registration process and ensure that your trademark is registered efficiently and correctly in the Swiss trademark register. Contact us now for comprehensive advice on trademark registration in Switzerland!
Examination of the protectability of a trademark and collision search before trademark registration in Switzerland – Avoid costly mistakes
A trademark application with the Swiss Federal Institute of Intellectual Property (IGE) will only be successful if there are no absolute grounds for refusal. An absolute ground for refusal may exist, for example, if the trademark lacks the necessary distinctive character or is not eligible for protection due to its descriptive nature for the goods and services in question. A risk of deception can also lead to the trademark not being registered. Therefore, it is advisable to check whether a trademark is eligible for protection at all and what options are available to help it achieve registration before applying for a trademark.
A collision search or a similarity search is also recommended before filing a trademark application.
-
Why a collision search is necessary
-
To minimize the risk of a collision with an earlier trademark, it is crucial to conduct a thorough trademark search before filing a registration.
-
A collision search helps you determine whether there are already similar or identical trademarks that could be confused with your new trademark.
-
Otherwise, the owner of an older, confusingly similar trademark in Switzerland could file an opposition against your trademark application or even file a cancellation action and send you a warning letter.
-
Save costs through collision research
-
The costs for opposition proceedings or a cancellation action are usually far higher than the costs of a professional conflict search.
-
By conducting timely and thorough research, you can avoid these potential risks and ensure that your trademark application is completed without legal problems.
Protect your trademark effectively – Our trademark attorneys will assist you with conflict searches and help you register your trademark in Switzerland safely and legally. Contact us today to secure your trademark registration with a professional conflict search!
Trademark registration fees in Switzerland – What you need to know
There are various fees associated with trademark registration in Switzerland, depending on the number of Nice classes and the type of trademark. Here is an overview of the most important fees for international registration through WIPO.
-
Fees for registering a Swiss trademark through WIPO after registering a DE or EU basic trademark
-
DPMA fees (after filing a basic trademark application and excluding the costs for registering the basic trademark): EUR 180.00 for forwarding to WIPO or EUIPO fees (after filing a basic trademark application and excluding the costs for registering the basic trademark): EUR 300.00 for an EU basic trademark.
-
WIPO fees: CHF 653.00 for a word mark or a black and white mark and CHF 903.00 for a color figurative mark or word/figurative mark (basic fee of the World Intellectual Property Organization (WIPO)).
-
IGE fees: CHF 100.00 for the first three Nice classes, and CHF 100.00 for each additional Nice class from the fourth class onwards (Fees of the Swiss Federal Institute of Intellectual Property (IGE)).
-
What is a Nice Class?
-
When registering a trademark, you must specify for which goods and services your trademark is to be protected.
-
These can be classified into one of the 45 Nice classes.
-
The fees charged by WIPO and the Swiss Trademark Office (IGE) depend on how many Nice classes are chosen for the application.
-
After ten years, trademark protection in Switzerland can be renewed. The renewal fees are:
-
100.00 CHF for the first three Nice classes.
-
100.00 CHF for each additional Nizza class from the fourth grade onwards.
-
In addition, the WIPO basic fee of CHF 653 is charged.
Our trademark attorney will help you complete your trademark registration efficiently and cost-effectively, ensuring that all deadlines and fees are met. Contact us now to successfully register your trademark in Switzerland and secure long-term protection!
Grace period for use after registration of a trademark in Switzerland – What you should consider
In Switzerland, there is a five-year grace period for use after trademark registration.
-
This means that your trademark must actually be used no later than five years after registration in order to maintain legal protection.
-
If the trademark is not used in a legally valid manner during this period, a third party may file a cancellation application and your trademark rights in Switzerland could expire.
-
The grace period protects against trademarks that were registered solely to make it more difficult for others to use similar trademarks.
-
It is therefore crucial to actively use your trademark within the five years, whether by selling products or providing services under the brand name.
Protect your brand long-term – Our trademark attorneys advise you on the proper use of your trademark and help you permanently secure your trademark rights in Switzerland. Contact us today to ensure your trademark is used correctly and remains legally protected!
What can we do for you? – Professional support with trademark registration in Switzerland
Would you like to register a trademark in Switzerland? We would be happy to assist you with this important step. We offer affordable and transparent fixed fees for an initial consultation, which will be credited towards any further work.
In our consultation we will clarify together with you:
-
The chances of success of your trademark application
-
The expected costs for the entire registration process
Our goal is to register your trademark in a legally secure and efficient manner and to facilitate your path to trademark protection in Switzerland.
Contact us now to discuss your trademark registration professionally and easily!
English 
German