Trademark protection
Trademark protection in Switzerland & abroad
A brand is an essential distinguishing feature and a valuable asset for any company. Not only does your trademark enable you to keep competitors at bay, and thus give you a commercial advantage, it also secures your company’s know-how, making it sustainable. Finally, a registered trademark enables you to discourage third parties who take advantage of your reputation or, worse, copy you.
What can be trademarked ?
The Swiss Trademark Act defines a trademark as follows: “A trademark is a sign capable of distinguishing the goods or services of one company from those of other companies”. Goods and services are divided into 45 classes according to uniform worldwide criteria (the so-called Nice classification): goods in classes 1 to 34, services in classes 36 to 45.
All signs that can be represented graphically can be protected as trademarks, such as :
- Words/names («Coca Cola»), combinations of letters or numbers («CFF» or «911»)
- Figurative signs or logos (such as a bitten apple for IT products)
- Combinations of figurative and word elements (such as the letters «UBS» together with a «key» logo)
- Tridimensional shapes (such as the triangular shape of the Toblerone chocolate)
- Slogans, such as “Just do it” for example, provided they are original.
- Music tones or melodies, reproduced on a musical stave (such as the Swisscom jingle)
Important remark
Because a registered trademark represents a monopoly conferred by the State, the limit of protection lies in the descriptive or banal nature of the signs: they can neither belong to the public domain, nor describe the products, nor be technically necessary (for shapes) – Thus, an apple logo could not be registered for a groceries store, for example.
To register your trademark
What do we need to register your trademark?
In order to support you efficiently in registering your trademark, we will need the following information:
- Name and address of the owner (company or individual name)
- Name (word) or logo (.JPG file) of your trademark
- In order to draw up a list of products/services: a brief description of the products and services for which you wish to protect your trademark (e.g.: the registered purpose of your company, or a short extract from your business plan).
Trademark registration in Switzerland
Fixed fees for a trademark registration valid for 10 years:
Standard Protection
CHF 690.00
(excl. VAT and official fees)
CHF 380.00 for a prior advice if the sign lacks distinctiveness and is hence unregistrable.
Includes:
Advice on the registrability of your trademark in Switzerland
Registry checks to check prior identical marks
Email feedback with assessment of chances of success
After a positive result in view of a registration
Drafting of an appropriate wording of goods/services, up to three classes (approx. 50 words)
Filing of an application with the Swiss Intellectual Property Institute (IPI)
Handling of all administrative formalities, including appointing ourselves as representatives, entering your trademark in our database, creation of a corresponding electronic file, monitoring of official deadlines, and confirmation (by email) of filing and registration.
Payment of the official fees of CHF 350.00
Any regularization of office actions from the IPI, as well as any subsequent exchange of correspondence relating to additional questions will be invoiced based on our hourly rates.
CONTACT US!
The more precise your information, the faster we can move forward. Please do not hesitate to contact us. Your details will be treated confidentially and are subject to attorney-client privilege.
If you would like to contact us directly, please call +41 58 255 33 04.
