What is a trademark?
A trademark is a legally protected sign that distinguishes a company's products or services from those of its competitors.
Swiss trademark law recognizes various types of signs capable of being represented as trademarks. The most common types of trademarks are:
Word marks: Words (e.g., Jurata®), combinations of numbers, slogans, combinations of letters
Figurative marks: Logos, graphics and symbols consisting of purely figurative elements
Combined marks (so-called word-figurative marks): Combination of word and image
Three-dimensional representations: Product packaging, characteristic shapes
Acoustic marks: Melodies, jingles
The trademark forms the foundation of the corporate identity and is a valuable economic asset that requires systematic protection.
The trademark registration process in Switzerland
Trademark registration with the Federal Institute of Intellectual Property (IPI) takes place in clearly defined steps:
1. File trademark application
To register your trademark, you must submit the following documents:
Complete application form
Representation of the trademark
List of the claimed goods and services
Information about the trademark owner
2. Pay fees
The following fees apply for trademark registration:
Basic fee: CHF 450
Additional classes: CHF 100 per
Expedited examination: CHF 400 surcharge
3. Examination procedure
The IPI 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.
During the substantive examination, it is examined whether the trademark meets the legal requirements for protection. This includes checking the distinctive character, the absence of deceptiveness and that there are no absolute grounds for exclusion. Descriptive indications or linguistic common property are rejected.
The processing time of approximately three months can be influenced by various factors. The process may be extended in the case of objections or the need for corrections. By applying for an expedited examination, the processing time can be shortened against payment of an additional fee.
The IPI examines the trademark according to various criteria, including:
Distinctive character
Absence of deceptiveness
No violation of public policy
If the examination is successful, registration is entered in the trademark register. A certificate of registration is issued and the trademark is published in Swissreg.
Important: If registration is successful, trademark protection is guaranteed retroactively to the filing date.
Duration and validity of trademark protection
Trademark protection in Switzerland is valid for 10 years from the filing date. This protection period can be extended as often as desired by a further 10 years by renewing it in good time.
Renewal of the trademark can be requested at the earliest 12 months before the protection period expires. The IPI (Federal Institute of Intellectual Property) does not send an automatic reminder - 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 changes to the content of the trademark possible
Trademark protection expires automatically if renewal is not carried out within the deadline. A deleted trademark cannot be reactivated - a completely new application is required.
National vs. international trademark application
The choice between national and international trademark application depends on your business strategy and target markets. A national trademark application with the Federal Institute of Intellectual Property (IPI) protects your trademark exclusively in Switzerland.
For international trademark protection, two central options are available:
Union trademark (EUIPO): Uniform protection in all EU Member States, more cost-effective alternative to individual applications and centralized management and enforcement of rights.
Madrid System: International registration in more than 130 countries, uniform application procedure, flexibility in country selection and simplified management through a central point of contact.
The decision for an international registration should be based on a careful analysis of business objectives and a detailed cost calculation. A strategic combination of trademark registrations in targeted countries can ensure optimal protection of your trademark.
Tips for avoiding legal disputes in trademark protection
The prevention of trademark law conflicts begins with a thorough trademark similarity search. This includes:
Checking the Swiss trademark register (Swissreg)
Analysis of similar trademarks in the relevant list of goods
Investigation of phonetic and visual similarities
A professional similarity search by experts identifies potential conflicts at an early stage.
Investing in preventive measures is significantly cheaper than late legal disputes. Structured trademark management protects your intellectual property in the long term and minimizes the risk of conflict.
Conclusion
Securing your trademark rights 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 interlock and form the basis for a smooth process to protect your intellectual property.
The Jurata stock corporation supports you in the registration and securing of your trademark rights. Our experienced team accompanies you through the next step in your company - trademark protection.
