What is an EU trademark?
An EU trademark is a uniform trademark protection for all member states of the European Union. It is applied for at the European Union Intellectual Property Office, the EUIPO, and, after registration, generally applies throughout the EU.
The great advantage is that you do not have to register a national trademark in each EU country individually. A single application can be sufficient to protect your trademark in all EU member states.
However, a trademark does not simply protect a business idea. It protects a sign that distinguishes the goods or services of one company from those of other companies. These can be, for example, words, letters, drawings, logos, shapes, or combinations of such elements with colors (Art. 1 Abs. 1 MSchG and Art. 1 Abs. 2 MSchG). For Swiss companies, this basic concept is important, even if the EU trademark itself is assessed under EU law: what is protected is your distinctive appearance on the market, not your business model as such.
Typical examples are the name of a product, the name of an app, a logo, a claim, or a description for a service. The more strongly this sign is associated with your offer, the more important trademark protection becomes.
Can Swiss companies register an EU trademark?
Yes, Swiss companies can register an EU trademark. Although Switzerland does not belong to the EU, this does not exclude an application with the EUIPO.
In practical terms, this means that a Swiss start-up, LLC, stock corporation, or even a sole proprietor can apply for trademark protection in the EU, provided that the trademark meets the legal requirements. However, it is important to note that for companies outside the European Economic Area, representation before the EUIPO may be required depending on the procedural situation. In practice, therefore, specialized trademark advisors, trademark attorneys, or law firms are often used.
There are two basic paths for Swiss companies. On the one hand, the EU trademark can be registered directly with the EUIPO. On the other hand, under certain conditions, an international trademark registration can be carried out via the Madrid System. Under Swiss law, international registrations can be arranged through the mediation of the IGE if Switzerland is the country of origin within the meaning of the relevant international rules (Art. 45 Abs. 1 MSchG). The corresponding request must be submitted to the IGE (Art. 47 Abs. 1 MSchV).
Which path is better depends on the goal. Anyone who only wants to protect the EU often chooses direct EU registration. Anyone who wants to cover several countries outside the EU at the same time is more likely to consider international registration.
When does an EU trademark make sense for Swiss companies?
An EU trademark makes sense, above all, if your company is already active in the EU or wants to become active in the foreseeable future. This can be the case, for example, if you run online trade in EU countries, set up sales partners in the EU, offer software or an app throughout Europe, or target customers in EU markets.
An EU trademark is particularly relevant for business models that rely heavily on the name, logo, or a product description. If customers recognize your offer through the trademark, the trademark becomes an economic asset. Then it is not just about legal protection, but also about trust, recognizability, and negotiation strength.
Registration also makes sense if you want to prevent someone from registering or using a similar sign in the EU. Trademark rights arise in many systems primarily through registration. For Switzerland, the law explicitly states that the trademark right arises with registration in the register (Art. 5 MSchG). Even though the EU trademark is assessed under EU law, this principle shows well why early registration can be strategically important: anyone who waits too long risks others securing rights earlier.
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When is an EU trademark rather not worthwhile?
An EU trademark is not worthwhile in every case. If your company is only active locally in Switzerland and has no realistic expansion plans into the EU, a Swiss trademark may be sufficient. An EU trademark causes additional costs, requires a clean list of goods and services, and can be attacked in the event of conflicts with older trademarks.
Caution is also advised with highly insecure names. If your sign is descriptive, i.e. describes only the type, quality, or destination of the goods, it can be difficult to obtain trademark protection. A purely descriptive term is usually poorly suited as a trademark because other market participants must also be allowed to use such terms.
An EU trademark is also tricky if you are only active in a single EU country and do not plan a broader EU presence in the long term. In that case, a national trademark in that country may be the more targeted solution. This applies particularly if older rights already exist there or if the trademark only works linguistically in a specific market.
What advantages does an EU trademark have?
The most important advantage is the large geographical reach. With a single registration, you receive protection in all EU member states. For companies with digital sales, e-commerce, SaaS offers, or Europe-wide products, this is often significantly more efficient than many individual national registrations.
Another advantage is the simple administration. One trademark, one registration, one register, one renewal. This reduces complexity, especially as your company grows and serves several markets simultaneously.
Added to this is the signaling effect. A registered EU trademark shows business partners, investors, and competitors that you take your trademark seriously. It can be an important plus point in licensing, distribution agreements, or sales negotiations.
Furthermore, trademark protection does not only mean defense. A trademark owner can prohibit others from using a confusingly similar sign for the protected goods or services. Swiss trademark law describes this principle as an exclusive right to use and dispose of the trademark for the claimed goods or services (Art. 13 Abs. 1 MSchG). In addition, the trademark owner can, in particular, prohibit the use of a colliding sign on goods, in advertising, or in business dealings (Art. 13 Abs. 2 MSchG).
What risks should you check before registering?
The biggest risk is a collision with older trademarks. If an identical or similar trademark already exists for the same or similar goods and services, the application can be attacked. Therefore, a trademark search should be carried out before any EU trademark application.
This search should not only include identical hits. Relevant are also similar-sounding names, similar spellings, similar logos, and meanings in major EU languages. The EU in particular is linguistically diverse. A term that seems neutral in Switzerland can be descriptive, problematic, or already occupied in an EU country.
A second risk lies in the list of goods and services. Trademarks are not protected abstractly for "everything," but for specific goods and services. In the international trademark system, the applicant must specify the goods and services for which protection is claimed and, if possible, classify them under the classes of the Nice Classification (Art. 3 Abs. 2 Madrider Protokoll). This logic also applies in practice to EU trademark applications: the classification determines what your protection actually applies to later.
Too narrow classes can lead to important business sectors not being protected. Too broad classes can cause unnecessary costs or create vulnerabilities. The correct formulation is therefore not an administrative detail, but part of the trademark strategy.
How does the registration of an EU trademark work?
The registration begins with the question of which sign is to be protected. This can be a word, a logo, or a combined word-picture trademark. For many companies, the word mark is particularly valuable because it protects the name independently of a specific graphic design. A word-picture trademark can make sense if the logo is in the foreground or if the word component alone is less protectable.
This is followed by the trademark search. It should clarify whether older identical or similar rights exist. Then the goods and services are defined. Here you decide for which products or services the trademark is to be protected. This list should fit your current business, but also take into account realistic expansion plans.
After submission, the EUIPO checks, in particular, formal and absolute grounds for refusal. After that, the application is published. In an opposition period, owners of older rights can take action against the application. If no successful opposition is filed and there are no other obstacles, the trademark is registered.
EU trademark or Swiss trademark: Which comes first?
For many Swiss companies, the Swiss trademark is the first step. This is obvious if the home market is to be developed first and the trademark appearance is to be tested here. If international expansion follows, the time of the first filing can be important. Under Swiss law, in the case of a later filing in Switzerland, under certain conditions, the date of an earlier first filing in a member state of the Paris Convention can be claimed if the later filing takes place within six months (Art. 7 Abs. 1 MSchG).
In practice, the international trademark strategy should therefore be planned early. Anyone who registers first in Switzerland and later wants EU protection should know the relevant deadlines. Anyone who launches Europe-wide from the very beginning is better off checking immediately whether an EU trademark or an international registration is more sensible.
International registration can be attractive for Swiss companies if, in addition to the EU, other countries are to be protected. From the date of the international registration, the trademark is in principle protected in the designated contracting countries as if it had been filed directly there (Art. 4 Abs. 1 Madrider Abkommen). For a pure EU strategy, however, direct application to the EUIPO may be easier.
Conclusion
Registering an EU trademark is particularly sensible for Swiss companies if the EU is or is soon to be an important sales market. With a single application, it offers broad protection, simplifies administration, and strengthens the position against imitators, sales partners, and investors.
Not every company needs an EU trademark immediately. Anyone who is active exclusively in Switzerland is often better off with a Swiss trademark. However, anyone who is active online, internationally, or growth-oriented should consider EU trademark protection early on. Three questions are crucial here: Is the trademark central to your business model? Are there realistic EU plans? And is the sign really available after a clean search?
If these questions can be answered in the affirmative, the EU trademark is often not only a legal protective shield, but an important building block for growth in Europe.
Frequently asked questions about the EU trademark
Does an EU trademark also protect in Switzerland?
No. An EU trademark basically protects in the European Union, not in Switzerland. Anyone who wants protection in Switzerland needs a Swiss trademark or an international registration with protective effect for Switzerland. An international registration with protective effect for Switzerland has the same effect here as a filing with the IGE and a registration in the Swiss register (Art. 46 Abs. 1 MSchG).
Do I have to register a Swiss trademark first?
Not always. A direct EU trademark is also possible for Swiss companies. However, a Swiss trademark can make sense if the home market is to be protected first or if an international registration via the Swiss basic system is planned later.
Can I automatically use a company name as a trademark?
A company name is not automatically comprehensively protected as a trademark. Trademark protection depends on whether a sign is registered as a trademark and for which goods or services protection is claimed. In Switzerland, trademark rights arise with registration in the register (Art. 5 MSchG).
When should I apply for the EU trademark?
Ideally, before you actively appear under the sign in the EU, spend major marketing expenses, or set up sales partners. The more important the name is to your business, the earlier you should check availability and plan the registration.
