Trademark registration in Switzerland

Trademark registration in Switzerland – your professional trademark protection for sustainable success

The registration of a trademark in Switzerland is done through the World Intellectual Property Organization (WIPO) in Geneva. First, an international registration of a basic trademark is applied for under the Madrid Agreement (MMA) or the Protocol to the Madrid Agreement (PMMA).

This process extends the trademark protection of an already registered 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

Registration through WIPO is possible if both the country of origin in which the basic trademark is registered or at least pending 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 are members of the PMMA. Many other countries are also members of the agreement.

An overview of the relevant member states of the MMA and PMMA can be found in my overview of international trademark applications.

A Swiss trademark application must be filed with the national trademark office of the country of origin of the underlying trademark. This means:

• For a German basic trademark, the application is submitted 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 examines it again. Upon successful completion of the examination, the application is forwarded to the Swiss Trademark Office (IGE). There, the final examination and decision on trademark registration in Switzerland are made.

As a trademark attorney, I will guide you through the entire registration process and ensure that your trademark is registered efficiently and correctly in the Swiss trademark register. Contact me today for comprehensive advice on trademark registration in Switzerland!

The successful registration of a trademark with the Swiss Federal Institute of Intellectual Property (IGE) requires that no absolute grounds for refusal exist. Such grounds may exist 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 may also lead to the trademark not being registered.

Why a collision search is necessary

To reduce the risk of a conflict with an older trademark, it's important to conduct a thorough trademark search before filing a trademark application. A collision search will show you whether similar or identical trademarks already exist that could be confused with your new trademark.

Otherwise, the owner of an earlier trademark that may cause confusion could file an opposition against your trademark application in Switzerland or even seek cancellation.

Save costs through collision research

The costs of opposition proceedings or cancellation actions usually significantly exceed the costs of a professional conflict search. By conducting an early and thorough search, you can avoid these potential risks and ensure that your trademark application is processed smoothly and legally.

There are various fees for trademark registration in Switzerland, depending on the number of Nice classes and the type of trademark. Here is an overview of the most important costs:

Fees for registering a Swiss trademark:

• DPMA fees: 180.00 EUR for a German basic stamp or 300.00 EUR for an EU basic stamp.

• WIPO fees: 653.00 CHF for a black/white mark or 903.00 CHF for a color mark (basic fee of the World Intellectual Property Organization, WIPO).

• IGE fees: 100.00 CHF for the first three Nice classes and 100.00 CHF for each additional Nice class from the fourth class onwards (Fees of the Swiss Federal Institute of Intellectual Property, IPI).

What is a Nice Class?
When applying for a trademark, you must specify the goods and services for which 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) are based on the number of Nice classes selected for the application. This applies regardless of whether the trademark is a word mark, figurative mark, 3D mark, or color mark.

After ten years, trademark protection can be renewed in Switzerland. 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 is charged.

In Switzerland, a grace period of five years applies after trademark registration. This means that your trademark must be actively used no later than five years after registration to receive legal protection.

If the trademark is not used correctly within this period, a third party may file a cancellation application, which could lead to the loss of your trademark rights in Switzerland.

The grace period protects against trademarks registered solely for the purpose of hindering other trademark applications. It is therefore crucial that you actively use your trademark within the five-year period—whether by selling products or providing services under the brand name.

Would you like to register your trademark in Switzerland? I'm here to provide you with professional support during this important step. I offer transparent and fair fixed fees for an initial consultation, which will be credited towards any subsequent work.

In my consultation I will discuss with you:

• The chances of success of your trademark application

• The estimated costs for the entire registration process

My goal is to register your trademark in a legally secure and efficient manner and to facilitate your path to trademark protection in Switzerland.