Swiss Trademark law & ordinance: LPM (Swiss Federal Law on Trademarks), OPM (Swiss Federal Ordinance on Trademarks)
Through registration (exception: Art. 14 LPM, right to continue to use a non-registered mark)
Swiss Trademark law: LPM, ordinance: OPM, and Swiss trademark office tax ordinance: Ota-IPI.
Wordmarks, numbers, devices, combined (wordmark & device), sounds, smells, three-dimensional marks, colors.
A trademark must be a sign that distinguishes the products or services of the owner or licensee of the trademark from those of other companies.
A trademark must have abstract distinctive character: a mark is capable of constituting a trademark when, considered in the abstract, i.e., without taking into account the goods or services, it is able to fulfil the function of a trademark.
Marks in the public domain, unless they have become established as trademarks for the goods or services concerned, shapes that constitute the very nature of the product and shapes of the product or packaging that are technically necessary, marks that are likely to mislead, signs that are contrary to public policy, morality or the law in force.
Marks identical to an earlier mark and intended for identical goods or services, marks identical to an earlier mark and intended for similar goods or services, where a likelihood of confusion exists, marks similar to an earlier mark and intended for identical or similar goods or services, where there is a likelihood of confusion. Art. 2 & 3 LPM: no exclusion (absolute or relative)
The Swiss trademark office: Swiss Federal Institute of Intellectual Property.
CHF 550 filing fee for 3 classes.
CHF 100 for each additional class over 3.
Yes.
Class-wide applications can be filed. However, for class 45, specific goods or services must be mentioned.
No such requirement at filing. However, a bad faith filing can, in some instances, be attacked in the court on unfair competition grounds.
No.
Examination on the absolute grounds of Art. 2 LPM. No relative examination (i.e., examination of prior rights) is performed.
Shapes that constitute the very nature of the product and shapes of the product or packaging that are technically necessary, marks that are likely to mislead, signs that are contrary to public policy, morality or the law in force (for example: Law on the protection of coats of arms LPAP). No examination of prior rights is performed.
No.
Practically speaking, no.
No. However, five years after registration, the trademark can be attacked for non-use.
One or two months, but lately (due to Covid) longer, unless accelerated examination is requested at filing.
About 6 months.
Yes, an appeal, governed by the Federal Administrative Procedure (PA) to the Federal Administrative Tribunal (TAF).
An administrative appeal before the Federal Administrative Tribunal (TAF).
Yes, to the Federal Tribunal (TF), with the exception of Art. 73 LTF (Law concerning the Federal Tribunal) regarding an opposition procedure. In the case of an opposition procedure there is no appeal to the TF.
A third party owner of a prior application or registration can oppose a published mark within 3 months of its publication.
The owner of a prior applied for or registered trademark.
Within 3 months of the publication of the trademark.
The Swiss Federal Institute of Intellectual Property.
An administrative procedure governed by the PA, LPM and the OPM.
To the TAF governed by the PA, but no Appeal to the Federal Tribunal (TF) is possible (Art. 73 LTF Exception).
Art. 14 LPM, right to continue to use a non-registered mark.
The right to exclude others from using a confusingly similar trademark unless a defence of prior use is successfully asserted.
Not applicable as there is no supplemental register.
Declaratory Judgment Action 52 LPM
Cancellation Action 53 LPM
Writ of Mandamus 55 LPM
Temporary Injunction Action 55 LPM
Action for damages CO
A rights holder of a famous trademark to take action against use by others in relation to any goods or services if its trademark is diluted or its reputation is exploited or affected. (Art. 15 LPM).
Exploitation to or harm to reputation may be prevented if the mark is famous. (Art. 15 LPM).
Filing of a civil lawsuit in a Canton (a state) in Switzerland.
No similarity between the marks and the goods & services.
Non-use of the plaintiff’s trademark.
Appeal to the Federal Tribunal (TF).
10 years from the application date, with 10 year renewal terms.
Pay the renewal fee (via payment of an invoice from the IPI).
Non-use, successful opposition (administrative procedures) and civil action.
Non-payment of the renewal fee.
Opposition, non-use cancellation action and civil action.
Appeal to the TAF.
Civil appeal to the TF.
No, although this could change at some point in the future given decisions in nearby jurisdictions. Therefore, terms like quality control should be governed by the license agreement itself.
No, it is optional.
No, unless the license agreement specifically provided for this.
The mark must be a famous one according to 15 LPM
There is no base 44e (foreign country base) such as in the US, but rather a Paris Convention filing based on the first filing of the trademark in a foreign country.
Switzerland can be designated through the Madrid system.
