Yes. It is necessary to register your trademark in order to enjoy rights. The first-to-file rule applies in the Swiss Trademark law. There are exceptions to this rule. Consult us for further details.
You may access the national office online by visiting this link: http://www.ipi.ch/
No. This jurisdiction does not require actual use or intent to use before application.
Yes. The following are acceptable grounds for opposition:
- Proprietary rights are violated, i.e., a similar mark was registered earlier
- Rights of well-known marks are violated
Owners of a similar mark that was registered earlier.
Yes. This jurisdiction allows cancellation of registered marks on the following grounds:
- mark is contrary to Switzerland’s principles of morality
- mark is contrary or a threat to public order
- mark is consisting of a geographical indication
- mark is functional, misleading, descriptive, disparaging, deceptive or non-distinctive
- mark violated proprietary rights
- there is breach of copyright
- there is violation against the rights of a registered design, personal name and/or company name
- there is violation against the rights of notorious or famous mark
- there is unauthorized use of especially protected flags, emblems or armorial bearings
Yes. Owners of a registered mark in Switzerland obtain the following rights:
- Exclusive rights to use and make profits from the mark
- Right to object to conflicting applications that are filed at a later date
- Right to request for cancellation against conflicting registrations
- Right to take legal action against third parties for infringement
- Right to be given damages for infringement
- Right to request for seizure of fake goods
- Right to give license to other businesses to use the mark
Opposition period for national registration starts on the date the registration is published. For international registration, opposition period starts on the 1st day of the month after the International Registration is published in the WIPO Gazette.
Yes, Switzerland is a member of the Madrid Agreement and Madrid Protocol.
No, trademark owners are not required to submit periodic statement of use.