Trademark protection Switzerland: Swiss trademark application for a fixed price / Trademark registration
A Swiss trademark registration is an important step for companies if they are doing business in Switzerland. We are happy to support you in obtaining a trademark protection in Switzerland! If there are no problems with the Swiss Trademark Office or with third parties, you can get a registered trademark in Switzerland with our support starting from a low-cost lawyer’s fee (fixed price) of 300 € (plus official fees of the “Swiss Trademark Office” / “Swiss Patent Office” / Swiss Federal Institute of Intellectual Property – IGE / IPI). This covers e.g. the Swiss trade mark application (online) as well as (ideally) also the trade mark registration in the trademark register at the Swiss Trademark Office (IPI) in Bern. Please feel free to contact us or click here for more information about our services for trademark registration in Switzerland.
The filing of the trade mark is supervised and carried out in our IP Law Firm in Germany by our “Trademark Lawyer” (European Trademark Attorney), i.e. Patent Lawyer (European Patent, Trademark and Design Attorney) or German Certified Intellectual Property Lawyer (“IP Lawyer“).
We also assist e.g. in trademark applications in the following countries or regions:
The trademark protection in Switzerland (Swiss trademark) can e.g. include the following types of trademarks:
1. Two-dimensional trademarks (2D trademarks) as the most common trademark type
- Word mark: register a product name, brand name or name (e.g. company name) or register slogans
- Figurative mark: logo protection / register a logo
- Combined trademark (word and device trademark / word and figurative mark): combination of logo protection and name protection (e.g. company logo)
- Color trademark: protection of a colour for a specific offer
2. Three-dimensional marks (3D marks): protection for the characteristic shape of a product or packaging
3. Acoustic trademarks e.g. protection of tone sequences (sound mark)
Our service offers for the registration of your trademark (word mark, figurative mark or word and device mark) in Switzerland:
“Accelerated trademark application“: Examination of the trademark application by the Swiss Federal Institute of Intellectual Property (IPI): For additional official fees of 400 CHF (calculated with 435 €) as well as 100 € our fees we request an accelerated examination of the trade mark application at the “Swiss Trademark Office“. This leads to an accelerated processing of the trademark office and has the advantage that the trademark registration – if there is no objection / provisional refusal – will be made faster.
“Express processing” of your order by attorney: For an additional fee of 100 € we will file your trademark application within 24 hours on working days (Monday – Friday) after the order has been placed, payment has been made and the requirements have been met (including consultation and preparation of the application), which may be advisable for very time-critical applications. (The regular processing time for trademark applications can take a few business days.)
Trademark monitoring Switzerland (trade mark watch service): Surveillance of the central element of the sign (word or image) in Switzerland for one year in one class: 310 € (additional classes upon request). (If both elements of a word and device mark / word and figurative mark have to be monitored, the price increases.) The offered price includes the external database fees as well as our fee for reviewing and reporting relevant hits of the supervision. Proceeding against possibly conflicting applications (e.g. in the context of opposition proceedings) will lead to further costs.
Multiple applications (especially for the “Standard” and “Premium” packages): If you want to apply for more than one Swiss trademark with similarities to existing trademarks or a word mark and a figurative mark (logo protection) with an identical list of goods and services at the same time, we will be happy to make you an individual offer once the scope of the applications has been determined.
Frequently asked questions in connection with trademark protection in Switzerland:
According to Article 1 of the Swiss Federal Act on the Protection of Trade Marks and Indications of Source (TmPA) (Swiss trademark law) a trade mark is a sign capable of distinguishing the goods or services of one undertaking from those of other undertakings. This may in particular be words (→ word mark), letters, numerals, figurative representations (→ device mark / figurative mark, word and figurative mark / word and device mark), three-dimensional shapes (→ 3D trademark) or combinations of such elements with each other or with colours (→ color trademark).
According to Article 2 TmPA from trade mark protection in Switzerland are excluded signs that are in the public domain, except where they have become established as a trade mark through use for the goods or services for which they are being claimed, as well as shapes that constitute the nature of the goods themselves (→ design protection) or shapes of the goods or their packaging that are technically necessary (→ patent protection). Furthermore, misleading signs and signs contrary to public policy, morality or applicable law are excluded from trademark protection in Switzerland.
A registered Swiss trademark is protected in Switzerland alone. If you want to protect a trademark not only in Switzerland but also in other European countries (e.g. Germany, Austria or Liechtenstein), protection must be claimed separately in these countries – which is also possible, for example, via an international trademark. If, in addition to Germany and Austria, other neighboring countries such as France or Italy etc. should be protected, it is advisable to apply for an “EU trademark” / Union trade mark which (if successfully registered) will give protection in all member states of the European Union.
The costs of a trademark registration or trademark deposit in Switzerland depend on the scope of services requested. These consist of the official fees of the “Swiss Trademark Office” (Swiss Federal Institute of Intellectual Property – IGE / IPI) as well as our fee, if we are allowed to assist you. The official fee for the filing of a trademark in Switzerland in up to 3 classes is 350 Swiss Francs (CHF) for an electronic application. For each further class from the 4th class on, an additional 100 Swiss Francs (CHF) are added.
It is generally possible to apply for a Swiss trademark on your own if you have an address for service in Switzerland. However, if you plan to do so, it is recommended that you familiarize yourself in detail with the prerequisites and requirements of Swiss trademark law. Often such applications fail due to easily avoidable and obvious mistakes. By paying relatively low attorney’s fees, trouble and expensive problems can often be avoided.
Also in Swiss trademark applications details matter. Applications filed by “non-specialists” often aim for a too narrow or too broad a scope of protection and do not protect what is actually intended to be protected. In addition, there are various absolute grounds for refusal which can lead to objections and ultimately to rejections by the “Swiss Trademark Office” / Swiss Federal Institute of Intellectual Property (IPI). Although an objection / provisional refusal cannot be completely ruled out even with appropriate advice, an experienced IP Attorney can point out possible difficulties in advance and, if necessary, suggest alternatives.
Unfortunately, there is no refund of official fees by the Swiss Federal Institute of Intellectual Property. Due to the processing of the application up to that point, including the examination for possible grounds for refusal, you don’t get the fees back from the IPI.
In the case of a Swiss trademark application, it is possible to remedy any deficiencies (e.g. to change the trademark) without incurring additional costs. It is also possible to replace or substantially change the trademark after filing or to extend the list of goods and services. In this case, however, the filing date is postponed and the new filing date is the date on which these amendments are filed.
No, the Swiss Federal Institute of Intellectual Property (IPI) does not check during the registration procedure whether the trademark application comes into conflict with older trademark rights or company signs. This can lead to conflicts with the owners of these rights – such as oppositions and warning letters in course of the proceeding. Trademark searches for identical or similar signs and searches in the commercial register are therefore the responsibility of the applicant.
Procedure of a trademark registration in Switzerland (if we may support you):
➔ Order & payment ➔ summary & draft (search if necessary) ➔ filing of the trademark / application and forwarding of the official fees after your confirmation ➔ receipt examination of the Swiss Federal Institute of Intellectual Property (IPI) as well as formal and substantive examination (e.g. for possible absolute grounds for refusal) >
- ➔ if problems ➔ provisional refusal / preliminary rejection with setting of a time limit to remedy the objection by submitting a statement to the Trademark Office ➔ if this is successful, examination will be continued // if not successful, then rejected and possibility to take action against it
- ➔ if no problems ➔ national registration of the trademark and publication as well as sending of the registration certificate ➔ start of an opposition period of 3 months
(Duration from application to registration of the trademark at the IPI ideally between a few days and several months).
Once the Swiss trademark is registered, you may, for example, use the well-known symbol ® (“R in a circle”) (as an indication of a registered trademark in Switzerland) to advertise the goods and services protected by the sign. An indication such as “registered Swiss trademark” or similar would also be permissible as an optional reference as long as the trademark exists. Misuse may be punishable by law.
A registered Swiss trademark gives protection for ten years from the date of filing – as long as no prior cancellation has taken place.
After the initial protection period of ten years has expired, the trademark can be renewed at the “Swiss Trademark Office” / Swiss Federal Institute of Intellectual Property (IPI) as often as desired for another ten years.
Also in Switzerland, there is an obligation to use a registered trademark. Thus, after the expiration of a five-year grace period, there is an obligation to use the trademark in connection with the goods and services entered in the register. If there is no serious use during an uninterrupted period of more than five years, anyone can request the cancellation of the trademark at the IPI.