What does a trademark protect in a logo?
A trademark protects a logo as a distinctive sign for specific goods or services. It is intended to enable customers to distinguish your offer from other offers.
The Trademark Protection Act defines a trademark as a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises (Art. 1 Abs. 1 MSchG). Pictorial representations, combinations of colors, and combinations of different elements also expressly qualify as trademarks (Art. 1 Abs. 2 MSchG). A logo is therefore generally well-suited for trademark protection.
It is important to note, however, that trademark protection does not arise automatically in Switzerland. Trademark rights only arise upon entry in the register (Art. 5 MSchG). Anyone who only uses their logo but never registers it as a trademark does not have the same clear register protection.
The practical benefit is great. The trademark owner has the exclusive right to use the trademark for the goods or services for which it is registered and to dispose of it (Art. 13 Abs. 1 MSchG). She can in particular prohibit others from using a confusingly similar sign on goods, in advertising, or otherwise in the course of trade (Art. 13 Abs. 2 MSchG).
However, the trademark is not limitless. It only protects your logo for the goods and services for which you register it. In addition, signs that are public domain, misleading, or contrary to law or public policy are excluded (Art. 2 MSchG). Older trademarks can also become a problem if identity or similarity leads to a likelihood of confusion (Art. 3 Abs. 1 MSchG). The IPI does not check upon registration whether older, similar trademarks already exist. A search before filing is therefore not a luxury, but part of risk management.
The registration is valid for ten years from the date of filing and can be extended by further periods of ten years (Art. 10 MSchG). At the same time, the trademark must also be used for the goods and services claimed (Art. 11 Abs. 1 MSchG).
When does copyright help with a logo?
Copyright does not protect the logo as a corporate identification mark, but rather the concrete creative design. It arises automatically as soon as a protected work is created (Art. 29 Abs. 1 URG).
A logo can be protected by copyright if it is an intellectual creation with individual character (Art. 2 Abs. 1 URG). Graphic works are explicitly listed among the possible types of works (Art. 2 Abs. 2 lit. c URG). Drafts or parts of a work can also be protected if they themselves meet the requirements (Art. 2 Abs. 4 URG). A graphic representation for practical use, such as a company logo, can therefore be a protected graphic work.
Protection arises without a register, without fees, and without registration. This sounds convenient, but there is a catch: not every logo achieves the necessary level of individuality. A very simple symbol, an ordinary geometric shape, or an obvious combination of known elements may be too banal. What is protected is not the idea of "green leaf for sustainability," but only a concrete individual implementation. Ideas, concepts, and styles remain free as such.
The Federal Supreme Court emphasizes that individuality depends on the individual character of the work itself. The decisive factor is not the personality of the designer, but the individuality of the work. At the same time, due to the long period of protection, the requirements for individuality must not be set too low (BGE 148 III 305 E. 5.3).
If the logo is protected by copyright, the author has the exclusive right to determine whether, when, and how the work is used (Art. 10 Abs. 1 URG). This includes in particular the production, distribution, and making available of copies of the work (Art. 10 Abs. 2 URG). In addition, the author generally has the right to determine whether and how the work may be altered (Art. 11 Abs. 1 URG).
One point is particularly important for companies: the author is always the natural person who created the work (Art. 6 URG). Therefore, if a designer designs your logo, you do not automatically own every copyright exploitation right. Although copyright is transferable (Art. 16 Abs. 1 URG), the transfer of individual rights only includes other partial rights if this is agreed upon (Art. 16 Abs. 2 URG). Therefore, the design contract should clearly regulate who is allowed to use the logo, where, for how long, in which media, and with what processing rights.
When does design protection make sense for a logo?
Design protection protects the visible design of a product or part of it. The Design Act specifically mentions lines, surfaces, contours, colors, and materials (Art. 1 DesG). A design is eligible for protection if it is new and possesses individual character (Art. 2 Abs. 1 DesG).
For a classic logo, design protection is not always the first choice. It becomes particularly interesting when the logo appears as a visual design on products, labels, packaging, user interfaces, or other products. Design protection can then safeguard the external appearance, but not the identification function in the market.
Design rights arise upon entry in the design register (Art. 5 Abs. 1 DesG). Protection lasts for five years from filing and can be extended four times for five years each (Art. 5 Abs. 2 DesG, Art. 5 Abs. 3 DesG). A maximum of 25 years is therefore possible. The owner can prohibit others from using the design for commercial purposes, such as manufacturing, storing, offering, placing on the market, or importing and exporting (Art. 9 Abs. 1 DesG).
The hurdle is different from that of copyright. Design protection does not necessarily require artistic originality. The decisive factor is whether the overall impression differs from what is already known. The Federal Supreme Court says that individual character is an objective deviation from what is already known. Even a banal design can be protected if its overall impression differs in essential elements (BGE 133 III 189 E. 3.1). In making this assessment, one must not only consider individual elements in isolation, but must appreciate their interplay (BGE 133 III 189 E. 5.1.1). However, novelty alone is not enough. Visual individual character is also required.
Trademark, copyright, and design protection in comparison
If you want to protect your logo in Switzerland, the trademark is usually the central element. Copyright and design protection can complement it, but they do not replace the trademark.
Type of protection | Protects primarily | Origin | Duration | Typical benefit for a logo |
|---|---|---|---|---|
Trademark | Distinctive sign for goods or services | Registration in the trademark register (Art. 5 MSchG) | Ten years, can be extended indefinitely (Art. 10 MSchG) | Protection against confusingly similar logos in the market |
Copyright | Concrete individual design | Automatically upon creation (Art. 29 Abs. 1 URG) | Regularly 70 years after the death of the author (Art. 29 Abs. 2 lit. b URG) | Protection against copies of the creative graphic |
Design protection | Visible appearance of a product | Registration in the design register (Art. 5 DesG) | Five years, maximum 25 years (Art. 5 DesG) | Protection for graphic design on products, packaging, or surfaces |
The Federal Supreme Court explicitly states that different intellectual property rights can coexist if their respective requirements are met. There is therefore no either/or between trademark, copyright, and design protection (BGE 134 III 547 E. 2.1). At the same time, each protection right assesses something different. A design is not automatically a trademark just because it is new or aesthetically successful. Conversely, a logo capable of trademark protection is not automatically protected by copyright.
Which strategy makes sense in practice?
For most companies, the pragmatic answer is: if you use a commercially important logo, you should first check trademark protection. This is particularly true if the logo is used on products, in advertising, in the online shop, or as the central identification mark of your company. This is precisely where the identification function displays its strength.
The process is typically simple, but must be prepared carefully. First, you clarify which goods and services you want to protect. Then, you check whether your logo is distinctive and whether older identical or similar trademarks exist. You then register the trademark with the IPI. If you need support with the topic of trademark protection, Jurata is always happy to help.
In parallel, you should properly document the rights to the logo. Who created it? Are there drafts? Was an agency involved? Is there a written transfer of rights? Especially in later disputes, it can be crucial to be able to prove that your company is authorized to use and enforce the rights.
Design protection is particularly worthwhile if the visual design is economically relevant not only as a logo, but also as a product or packaging design. For an app icon, a characteristic label, or a distinctive graphic pattern on a product, design protection can be a useful additional layer.
Conclusion
Anyone wishing to protect a logo in Switzerland should not pit the three types of protection against each other. The trademark protects the logo as an identification mark in the market. Copyright can protect the creative graphic design. Design protection can additionally safeguard the visible appearance of a product.
In practice, the trademark is usually the most important step because it targets exactly where logos matter most economically: recognition, likelihood of confusion, and market presence. Copyright and design protection can be additionally valuable if the logo is highly creative or has special significance as part of a product or packaging. The best strategy therefore does not begin with a single registration, but with a clear question: what exactly should be protected, in which markets, and against which type of imitation?
Frequently asked questions about protecting a logo in Switzerland
Is registration in the commercial register sufficient for my logo?
No. Registration in the commercial register does not automatically protect your logo as a trademark. It primarily concerns the company name. If you want to protect your logo in Switzerland, you generally need a trademark registration for clear distinctive sign protection.
Is my logo automatically protected by copyright?
Only if it meets the requirements of a work. It requires an intellectual creation with individual character (Art. 2 Abs. 1 URG). Very simple, common, or obvious designs may lack individuality. Copyright is therefore helpful, but often uncertain on its own.
Should I register a word mark or a figurative mark?
If your company name itself is important, a word mark can make sense. If the concrete graphic design of your logo is important, a figurative mark or a combined word-figurative mark can be considered. Frequently, a combination is strategically sensible because the name and the graphic cover different protective interests.
Do I also need to protect my logo internationally?
Swiss protection generally applies to Switzerland. If you use your logo in other countries or want to expand there, you should plan international protection early. This is particularly important because trademark and design rights are territorial and priority periods can play a role.
