Protecting a trademark in Switzerland: filing with the IPI
Filing with the IPI
Trademark protection in Switzerland is obtained by registering with the Swiss Federal Institute of Intellectual Property (IPI), under the Trademark Protection Act (TPA). The application must specify the sign to be protected and the list of goods or services concerned, classified according to the international Nice Classification.
The examination carried out by the IPI
The IPI examines whether the trademark meets the formal and absolute conditions for protection (sufficient distinctiveness, no deceptive character or conflict with public policy), but does not, in principle, examine ex officio the existence of similar or identical earlier trademarks: this check is up to the applicant themselves, usually through a prior availability search.
The opposition procedure
Once the trademark is registered and published, the holder of an earlier trademark can file an opposition within three months of publication, claiming a likelihood of confusion between the two signs for identical or similar goods or services.
The term of protection
Protection of a Swiss trademark lasts ten years from filing, and can be renewed indefinitely for ten-year periods upon payment of renewal fees, provided the trademark continues to be used to avoid the risk of cancellation for non-use after a five-year grace period.
Frequently asked questions
Does the IPI check whether my trademark conflicts with an already registered trademark?
No, the IPI does not, in principle, carry out an ex officio examination of earlier trademarks: it is up to the applicant to check for themselves that there is no conflict, usually through a prior availability search before filing.
How long does protection of a Swiss trademark last?
Ten years from filing, renewable indefinitely for ten-year periods upon payment of renewal fees.
What happens if I don't use my trademark?
A trademark not used for an uninterrupted period of five years after the grace period expires risks being cancelled at the request of an interested third party, unless there is good cause for non-use.