Trademark protection in Switzerland – Register your trademark legally

Trademark protection in Switzerland – Register your trademark legally

Regardless of where your company is headquartered, you can register and protect your trademark in Switzerland. Registration takes place at the Federal Institute of Intellectual Property (IGE) in Bern – the central point of contact for trademark protection in Switzerland.

As an experienced trademark attorney, I will personally assist you in registering your trademark with the IPI and ensure that your trademark protection is legally secure and sustainable. Contact me now to professionally protect your trademark in Switzerland.

The registration of a Swiss trademark is done through the World Intellectual Property Organization (WIPO), headquartered in Geneva. The basis is the international registration of a so-called basic trademark under the Madrid Agreement (MMA) or the Protocol to the Madrid Agreement (PMMA).

This allows the protection of an already registered trademark to be extended to Switzerland. The basic trademark is registered with the Swiss Federal Institute of Intellectual Property (IGE) – ultimately creating an official Swiss trademark.

Requirements for international registration:

International trademark registration through WIPO is possible if both the country of origin of the basic trademark and Switzerland are members of the MMA or PMMA. This applies to German trademarks and European Union trademarks, as both Germany and the European Union have acceded to the protocol. This route is also open to many other countries. You can find an overview of the relevant member states in my compilation of international trademark applications.

The registration of a Swiss trademark begins with the respective trademark office of the country of origin of your base trademark. This means in concrete terms:

• For a German basic trademark, registration is made at the German Patent and Trademark Office (DPMA).

• The European Union Intellectual Property Office (EUIPO) is responsible for a Union trademark as a basic trademark.

After the initial examination by the respective office, your application will be forwarded to WIPO for further examination. The application will then be submitted to the Swiss Trademark Office (IGE), where it will undergo final examination. Only then will a final decision be made on the registration of your trademark in Switzerland.

As a trademark attorney, I will guide you through the entire process – from the application to the registration of your trademark in the Swiss trademark register. Secure your personalized consultation on trademark registration in Switzerland now!

The registration of a trademark with the Swiss Federal Institute of Intellectual Property (IGE) can only be successful if there are no so-called absolute barriers to protection exist. As a lawyer, I carefully examine in advance whether such obstacles exist – for example, if the trademark lacks the necessary distinctive character or is too descriptive to be considered eligible for protection. Allegations of deception can also lead to rejection of the application.

Why a collision search is necessary

• A careful trademark search before registration is essential to avoid the risk of a collision with already registered trademarks.

• With a professional collision search, I check whether there are already identical or similar trademarks that could be confused with your new trademark.

• If such a likelihood of confusion is not recognized, the owner of an earlier trademark in Switzerland can file an opposition against your application or file an action for cancellation.

Save costs through collision research

• Conducting a conflict search is significantly more cost-effective than subsequent opposition or cancellation proceedings.

• An early, thorough examination can avoid legal disputes – and your trademark application will be submitted on a sound foundation.

There are various fees involved in registering a trademark in Switzerland. These depend primarily on the number of so-called Nice classes and the type of trademark. Below is an overview of the most important costs:

Fees in detail

• DPMA fees (for the base brand):
  180.00 EUR for a German brand
  300.00 EUR for an EU trademark

• WIPO fees (World Intellectual Property Organization basic fee):
  653.00 CHF for a black and white stamp
  903.00 CHF for one color stamp

• IGE fees (Fees of the Federal Institute of Intellectual Property in Switzerland):
  100.00 CHF for up to three Nice classes
  100.00 CHF for each additional class from the fourth

What are Nice classes?

When registering a trademark, you must specify the goods or services for which your trademark should be protected. These are divided into so-called Nice classes – there are 45 classes in total. The fees depend on how many of these classes you include in your application. It doesn't matter whether it's a word mark, figurative mark, 3D mark, or color mark.

Brand renewal after ten years

Trademark protection in Switzerland is initially valid for ten years and can be renewed as often as desired. The following fees apply:

• 100.00 CHF for the first three Nice classes

• 100.00 CHF for each additional class from the fourth

• Additionally: the WIPO basic fee

As a trademark attorney, I will assist you in completing your trademark registration efficiently and with transparent costs. I ensure that all deadlines and fees are correctly adhered to so that your trademark remains protected for the long term. Please feel free to contact me for a personalized consultation on trademark registration in Switzerland.

After a trademark is registered in Switzerland, a grace period of five years applies. During this period, the trademark must actually be used in commercial transactions to maintain trademark protection.

If the trademark is not used in a way that preserves its rights, a third party may file a cancellation request – and your trademark rights in Switzerland could expire.

The grace period serves to protect against so-called "defensive trademarks," i.e., trademarks registered solely to prevent others from using similar signs. Therefore, it's important to actively use your trademark—for example, by selling products or offering services under the brand name.