Switzerland Trademark Filing Guide

 

. The following details of registration are available for searching:
  • Representation of Mark
    		•
    Yes
  • Description of mark
    		•
    No
  • Application number of mark
    		•
    Yes
  • Registration number of mark
    		•
    Yes
  • Owner
    		•
    Yes
  • Class
    		•
    Yes
  • Goods/Services
    		•
    No
  • Application date
    		•
    Yes
  • Date of entry on the register
    		•
    Yes
  • Priority date
    		•
    No
  • Seniority claims
    		•
    No
  • Status
    		•
    Yes
  • Charges and security interests
    		•
    No
  • Endorsement, e.g., disclaimers, geographical limitations
    		•
    No
  • Licenses
    		•
    Yes
  • Chain of title/assignment/other changes in owner
    		•
    Yes
  • Indication whether the mark was allowed on the basis of acquired distinctiveness
    		•
    No
  • Attorney/representative
    		•
    Yes
    Comments:
    Representation of Mark": Device marks can not be searched by Vienna Codes 
    C. The following details of an application for registration are available for searching:
  • Representation of Mark
    		•
    Yes
  • Description of mark
    		•
    No
  • Color claim
    		•
    Yes
  • Owner
    		•
    Yes
  • Class
    		•
    Yes
  • Goods/Services
    		•
    No
  • Application date
    		•
    Yes
  • Priority date
    		•
    No
  • Seniority claims
    		•
    No
  • Status
    		•
    Yes
  • Charges and security interests
    		•
    No
  • Endorsement, e.g., disclaimers, geographical limitations
    		•
    No
  • Licenses
    		•
    Yes
  • Chain of title/assignment/other changes in owner
    		•
    No
  • Indication whether the mark was allowed on the basis of acquired distinctiveness
    		•
    No
  • Attorney/representative
    		•
    Yes
    Comments:
    Color claim": Search options: "with" or "without" color claim 
    D. Details and availability of prosecution files:
  • The Trademarks Office/Registry's prosecution files are available for inspection by third parties
    		•
    Yes
  • All files are available regardless of status
    		•
    Yes
  • The following statuses are available
    		•
  • Pending applications
    		•
    Yes
  • Current registrations
    		•
    Yes
  • Abandoned or denied applications
    		•
    Yes
  • Expired or cancelled registrations
    		•
    Yes
  • The files are available at all stages
    		•
    Yes
  • If not, the files are available
    		•
  • Before Publication
    		•
    No Answer
  • After Publication
    		•
    No Answer
  • After Registration
    		•
    No Answer
  • Can copies be obtained
    		•
    Yes
    Comments:
    Depending on the status of the Trademark legitimation must be proved.
    E. Provision of Certified copies by Trademarks Office / Registry
  • Certified copies of applications for registration/register entries are available from the Trademarks Office/Registry
    		•
    Yes
    Comments:
    III. Public Search Facilities Provided by Trademarks Office/Registry
    A. Facilities provided by the Trademarks Office/Registry for searching by the public for prior conflicting marks:
  • Word/letter marks
    		•
    Yes
  • Device marks
    		•
    No
  • Other marks (sound, color, smell, etc.)
    		•
    Yes
    Comments:
    B. Similarity of prior conflicting marks can be searched:
  • Identical marks only
    		•
    Yes
  • Identical and similar marks
    		•
    No
    Comments:
    C. Means of searching available for word/letter marks:
  • Manual
    		•
    No
  • Electronically at the registry
    		•
    No
  • Electronically via the Internet
    		•
    Yes
    Comments:
    D. Means of searching are available for device marks:
  • Manual
    		•
    No
  • Electronically at the registry
    		•
    No
  • Electronically via the Internet
    		•
    No
    Comments:
    E. Means of searching are available for other marks:
  • Manual
    		•
    No
  • Electronically at the registry
    		•
    No
  • Electronically via the Internet
    		•
    Yes
    Comments:
    F. Information available in the search:
  • Representation of mark
    		•
    Yes
  • Description of mark
    		•
    Yes
  • Color claim
    		•
    Yes
  • Application number of mark
    		•
    Yes
  • Registration number of mark
    		•
    Yes
  • Owner
    		•
    Yes
  • Class
    		•
    Yes
  • Goods/Services
    		•
    Yes
  • Application date
    		•
    Yes
  • Date of entry into register
    		•
    Yes
  • Priority date
    		•
    Yes
  • Seniority claims
    		•
    No
  • Status
    		•
    Yes
  • Charges and security interests
    		•
    No
  • Endorsements, e.g., disclaimers, geographical limitations
    		•
    Yes
  • Licenses
    		•
    Yes
  • Chain of title/assignments/other changes in the owner
    		•
    Yes
  • Indication whether the mark was allowed on the basis of acquired distinctiveness
    		•
    No
  • Attorney/representative
    		•
    Yes
    Comments:
    G. Device Mark Coding
  • Device marks are coded
    		•
  • Vienna code
    		•
    No
  • Office code
    		•
    No
    Comments:
    H. Owner Name Search
  • Searches can be conducted by owner name
    		•
    Yes
    I. Internet Search
  • Searches of the official database is available via the Internet
    		•
    Yes
  • A charge is made for accessing the database
    		•
    No
  • A charge is made for downloading from the database
    		•
    No
    IV. Services Provided by Trademarks Office/Registry for the Public
    A. Examination Guidelines:
  • The Trademarks Office/Registry publishes examination guidelines
    		•
    Yes
  • The examination guidelines are available to be viewed via the Internet
    		•
    Yes
    V. Procedures of Trademarks Office/Registry on an Application for Registration
    A. Method of filing
  • The Trademarks Office/Registry allows filing of applications
    		•
  • By Hand
    		•
    Yes
  • By Post
    		•
    Yes
  • By Fax
    		•
    Yes
  • Electronically
    		•
    Yes
  • The Trademarks Office/Registry allows the filing of documents after the filing of the application
    		•
  • By hand
    		•
    Yes
  • By post
    		•
    Yes
  • By fax
    		•
    Yes
  • Electronically
    		•
    Yes
    B. Fee Payment Mechanisms
  • Payment of official fees can be made to the Trade Mark office/Registry
    		•
  • By cash
    		•
    No
  • By cheque
    		•
    No
  • By credit cards
    		•
    Yes
  • By electronic transfer
    		•
    Yes
  • By deposit account
    		•
    Yes
    Comments:
    VI. Trademark Office/Registry Examination Procedure
    A. Examination
  • On receipt of an application the Trademarks Office carries out the following procedures:
    		•
  • A formalities examination
    		•
    Yes
  • A search for prior conflicting marks
    		•
    No
  • An examination for registrability
    		•
    Yes
  • Objection is raised before the final rejection
    		•
    Yes
  • Objection can be raised on the following grounds
    		•
  • Formalities
    		•
    Yes
  • Prior conflicting marks
    		•
    No
  • Registrability
    		•
    Yes
  • In the event of an objection based on prior conflicting marks, it can be overcome by filing a letter of consent from the owner of the prior mark
    		•
  • The acceptance of the letter of consent is mandatory
    		•
    Not Applicable
  • The acceptance of the letter of consent is discretionary
    		•
    Not Applicable
  • Objections can be challenged by argument before the final rejection
    		•
    Yes
    B. Response term
  • The usual term/deadline set by the Trademarks Office/Registry for response by the applicant to such objections is: days/weeks/months
    		•
    2 months
  • This period can be extended
    		•
    Yes
    C. Appeal
  • The final rejection of the mark by the Trademarks Office/Registry can be appealed
    		•
    Yes
  • The first appeal is made to
    		•
  • Appellate entity within the Trademarks Office/Registry
    		•
    No
  • The courts
    		•
    Yes
  • Other:
    		•
    Not Answered
    Comments:
    D. Publication
  • Applications are published for opposition
    		•
    No
  • Publication takes place
    		•
  • Before examination
    		•
    No
  • After examination and acceptance
    		•
    No
  • After registration
    		•
    Yes
    Comments:
    E. Recordation
  • Change of owner details on an application for registration are recorded on the register
    		•
    No
  • The change of ownership is searchable
    		•
  • Manually
    		•
    No
  • Electronically at the registry office
    		•
    No
  • Electronically via the Internet
    		•
    No
    Comments:
    F. Opposition
  • Opposition to registration of a mark can be filed with the Trademarks Office/Registry
    		•
    Yes
  • Such oppositions can be filed
    		•
  • Before registration
    		•
    No
  • After registration
    		•
    Yes
  • The period to file the opposition from publication of application or registration is: days/weeks/months
    		•
    3 months
  • This period can be extended
    		•
    No
  • Grounds for opposition that may be relied on
    		•
  • Absolute grounds
    		•
    No
  • Relative grounds
    		•
    Yes
  • Other
    		•
    Not Answered
  • The final decision of the Trademarks Office/Registry on the opposition can be appealed
    		•
    Yes
  • The appeal is first made to
    		•
  • An appellate entity within the Trademarks Office/registry
    		•
    No
  • The courts
    		•
    Yes
  • Other
    		•
    Not Answered
    Comments:
    G. Revocation/cancellation of registered marks
  • A registered mark can be revoked or cancelled on application by third parties
    		•
    Yes
  • The cancellation action is filed to
    		•
  • The Trademarks Office/Registry
    		•
    No
  • The courts
    		•
    Yes
  • Other
    		•
    -
  • Grounds for cancellation that can be relied upon
    		•
  • Absolute grounds
    		•
    Yes
  • Relative grounds
    		•
    Yes
  • Non-use/abandonment
    		•
    Yes
  • Voluntary surrender
    		•
    Yes
  • Correction of entries on the register
    		•
    No
  • Other
    		•
    -
  • A cancellation can be appealed
    		•
    No
  • An appeal is first made to
    		•
  • An appellate entity within the Trademarks Office/Registry
    		•
    Not Applicable
  • The courts
    		•
    Not Applicable
  • Other
    		•
    -
    Comments:
    H. Registered marks
  • The following can be recorded on the register in respect of registered marks
    		•
  • Licenses/registered users
    		•
    Yes
  • Security interests
    		•
    Yes
  • The following information is recorded
    		•
  • Name of party
    		•
    Yes
  • Date
    		•
    Yes
  • Expiration or cancellation date or length of time it lasts
    		•
    No
  • The information is part of register details accessible to the public by standard searching
    		•
    Yes
    Comments:
    I. Renewal
  • A registration can be renewed prior to expiry: days/weeks/months
    		•
    1 year
  • A registration can be renewed after expiry: days/weeks/months
    		•
    6 months
  • The period until the next renewal date is: years
    		•
    10 years
    Comments:
    VII. Trademarks Office / Registry Standards
    A. Trademarks Office Responsiveness
  • The period of time it takes the Trademarks Office/Registry to
    		•
  • Issue filing receipts
    		•
    1 week
  • Issue the 1st examination report/take other first action
    		•
    10 weeks
  • Issue notification to applicant for registration that opposition has been filed
    		•
    1 week
  • Issue certified copies of applications for registration/ register entries (after request)
    		•
    1 week
  • Enter the mark on the register after acceptance and/or expiry of opposition period
    		•
    1 week
  • Issue registration certificate after entry on register
    		•
    1 week
  • Issue decision on opposition after evidence or submissions have been completed
    		•
    3 months
  • Issue decision on cancellation (after evidence or submissions have been completed)
    		•
    no answer
  • Issue confirmation of recordal of assignment, change of name, license, etc.
    		•
    2 weeks
    Comments:
    The TM office introduced a very fast procedure (time from filing to notice of acceptance of the mark is approx. 6 days) for so-called "obviously unproblematic" applications, i.e. applications which do not raise any concerns in terms of descriptiveness and which only contain goods/services included in the office's database of goods and services.
    B. Document filing
  • Electronic filing is available 24 hours a day/7 days a week
    		•
    Yes
  • Filing deadlines that fall on a weekend or national holiday are extended to the next business day
    		•
    Yes
  • Mail is considered to be filed
    		•
  • At the time of filing
    		•
    Yes
  • At the time of receipt by the Trademarks Office/Registry
    		•
    No
  • Other
    		•
    Not Answered
    Comments:
    Electronic filing is accepted also via regular email. Emails do not have to be signed. The user immediately receives a confirmation of the filing including the filing date.
    C. Quality standards
  • The Trademarks office/registry has a set of quality standards concerning examination of applications regarding issues such as wrong acceptances and refusals
    		•
    Yes
  • Those standards are published and available to the public
    		•
    Yes
     

     

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