Fees associated with filing the trademark applications in Switzerland, as well as other trademark fees, are available in the fee calculator.
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Multiple-class applications
Multiple-class trademark applications are possible in Switzerland.
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Filing requirements in Switzerland
The official languages of the proceedings in Switzerland are German, French and Italian.
A trademark application in Switzerland should contain:
- applicant’s details;
- representation of the trademark (if figurative – in a jpeg file);
- list of goods and services for which the trademark is claimed in German, French or Italian;
- proof of payment of the prescribed fees.
If priority is claimed, a scanned copy of the Priority Document should be submitted within six months from the priority date. Priority document drawn up in English, German, Italian or French will not require any further translation.
No notarization or legalization is required. A scanned copy of a simply signed Power of Attorney should be submitted at the time of filing.
The term for filing a trademark application in Switzerland claiming conventional priority is 6 months from the priority date.
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Publication, opposition and examination of a trademark application in Switzerland
An application for registration of a trademark will be examined as to compliance with the formal requirements, payment of the prescribed fees, and as to the existence of any absolute grounds for exclusion of protection. There is no examination as to prior registrations and applications.
Opposition against trademark registration in Switzerland may be filed within three months from the publication of the registration. The opposition fee must also be paid within this time limit.
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Grant, validity term and trademark renewal
When the examination procedure is successfully completed, the Swiss Federal Institute of Intellectual Property (IPI) shall register the trademark in the Swiss Trademark Register. After registration, the IPI shall publish a trademark online at www.swissreg.ch. The date of publication is the date of grant. After publication, a three-month opposition period begins. The official grant fee is not stipulated for trademarks in Switzerland. The trademark registration in Switzerland is valid for ten years from the filing date. Trademarks in Switzerland may be renewed within 12 months before the expiry of the validity term but not later than six months after its expiry by paying the extra official surcharge fee.
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Duration of registration procedure
If the process goes smoothly, it takes an average of 4-6 months to obtain the registration in Switzerland.
The trademark in Switzerland may be cancelled if it has not been used within five years following the expiry of the opposition period with no opposition having been filed or upon conclusion of opposition proceedings.
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Representation by a trademark attorney
Foreign applicants should appoint an agent, a registered Swiss trademark attorney to represent them before IPI.
1. Online Search Databases: Swiss Trademarks, International Trademarks, TM View.
2. The time limit to file a response to the provisional refusal of an international registration in Switzerland is 5 months from the date the Office issues the provisional refusal. It is possible to request an extension of this time limit. The language of the response is German, French or Italian. For foreign applicants, it is necessary to appoint a local representative or provide the Office with an address for correspondence in Switzerland. After the response has been submitted, there is an option to request a revision of the final decision by the Office within 3 months (for relative grounds) or within 5 months (for absolute grounds). If the applicant is not satisfied by the revision, it is possible to appeal the final decision to the Federal Administrative Court within 2 months.
Brief summary is based on the information provided by Oriti Patents on 31.01.2024
Please contact us if the above information is not in conformity with Swiss IP Laws.