Trademark protection

Trademark protection

Trademark protection

Register your trademark and protect it from competitors

May 2, 2025

Protecting your trademark: How to secure your intellectual property

Your trademark is a crucial factor for lasting business success. A protected trademark secures your corporate identity, distinguishes you from competitors and builds trust with your customers.

An unregistered trademark can pose a major business risk:

  • Competitors can copy your brand

  • Legal action against imitators is not enforceable

  • Developed brand value remains unprotected

This guide shows you step by step how to legally register and protect your trademark. You will learn the essentials of trademark protection, the registration process in Switzerland and internationally, as well as practical tips to avoid costly legal disputes.

What is a trademark?

A trademark is a legally protected sign that distinguishes the products or services of a company from those of the competition.

Swiss trademark law recognizes different types of trademarkable signs. The most common types of trademarks are:

  • Word marks: Words (e.g. Jurata®), combinations of numbers, slogans, letter combinations

  • Figurative marks: Logos, graphics, and symbols made of purely pictorial elements

  • Combined marks (so-called word-image marks): Combination of word and image

  • Three-dimensional presentations: Product packaging, distinctive shapes

  • Acoustic marks: Melodies, jingles

The trademark forms the foundation of corporate identity and is a valuable economic asset that needs systematic protection.

The trademark registration process in Switzerland

The trademark registration with the Swiss Federal Institute of Intellectual Property (IGE) follows clearly defined steps:

1. Submit trademark application

To register your trademark, you must submit the following documents:

  • Complete application form

  • Representation of the trademark

  • List of claimed goods and services

  • Details of the trademark owner

2. Pay fees

The following fees apply for trademark registration:

  • Basic fee: CHF 450

  • Additional classes: CHF 100 each

  • Expedited examination: CHF 400 surcharge

3. Examination process

The IGE conducts a comprehensive examination of your trademark, which includes the following steps:

The formal examination includes checking all submitted documents for completeness and correct form.

In the substantive examination, it is verified whether the trademark meets the legal protection requirements. This includes examining distinctiveness, non-deceptiveness, and whether there are no absolute grounds for exclusion. Descriptive information or linguistic common property will be rejected.

The processing time of approximately three months may be influenced by various factors. If there are objections or the need for improvements, the process may be extended. By applying for an expedited examination, the processing time can be shortened by paying an additional fee.

The IGE examines the trademark according to various criteria, including:

  • Distinctiveness

  • Non-deceptiveness

  • Non-violation of public order

Upon successful examination, registration in the trademark register takes place. A certificate of registration is issued, and the trademark is published in Swissreg.

Important: Upon successful registration, trademark protection is retroactively granted to the date of application.

Duration and validity of trademark protection

The trademark protection in Switzerland is valid for 10 years from the date of application. This protection period can be extended an unlimited number of times by another 10 years with timely extension.

Trademark renewal can be applied for 12 months before the protection period expires at the earliest. The IGE (Swiss Federal Institute of Intellectual Property) does not send automatic reminders - monitoring deadlines is the responsibility of the trademark owner.

Important aspects of trademark renewal:

  • Fee: CHF 550 for all goods and services

  • Grace period of 6 months after expiry (with surcharge)

  • No substantive changes to the trademark possible

Trademark protection automatically expires if no timely renewal is made. A deleted trademark cannot be reactivated - a complete new registration is required.

National vs. international trademark registration

The choice between national and international trademark registration depends on your business strategy and target markets. A national trademark registration with the Swiss Federal Institute of Intellectual Property (IGE) protects your trademark exclusively in Switzerland.

For international trademark protection, two main options are available:

  • EU Community trademark (EUIPO): Unified protection in all EU member states, more cost-effective alternative to individual registrations and central management as well as enforcement of rights.

  • Madrid System: International registration in more than 130 countries, unified application process, flexibility in country selection, and simplified management through a central point of contact.

The decision for international registration should be based on a careful analysis of business goals and detailed cost calculation. A strategic combination of trademark registrations in targeted countries can ensure optimal protection of your trademark.

Tips to avoid legal disputes in trademark protection

The prevention of trademark conflicts begins with a thorough trademark similarity search. This includes:

  • Checking the Swiss trademark register (Swissreg)

  • Analyzing similar trademarks in the relevant goods directory

  • Investigating phonetic and visual similarities

A professional similarity search by experts identifies potential conflicts early on.

Investment in preventative measures is significantly cheaper than later legal disputes. A structured trademark management sustainably protects your intellectual property and minimizes the risk of conflict.

Conclusion

Securing your trademark protection is a crucial step for long-term business success. A protected trademark strengthens your market position and creates a sustainable competitive advantage.

Professional trademark registration requires careful preparation, legal expertise, and strategic planning are the cornerstones of successful trademark registration. These three elements interact with each other and form the basis for a smooth process to protect your intellectual property.

The Jurata AG assists you in registering and securing your trademark rights. Our experienced team accompanies you through the next step in your company - trademark protection.

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Jurata AG | Stampfenbachstrasse 151 | 8006 Zurich | Switzerland

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Jurata AG | Stampfenbachstrasse 151 | 8006 Zurich | Switzerland