How much does it cost to register a trademark in Switzerland?
The official basic fee for a Swiss trademark application is according to the IGE CHF 450. If you submit the application electronically via e-Trademark, the IGE grants an e-discount of CHF 100. Thus, the online deposit with the IGE currently costs CHF 350 for the first three classes of goods and services.
Legally, the fee is part of the deposit. For a trademark application, an application for registration, the reproduction of the trademark and a list of goods or services must be submitted to the IGE (Art. 28 Abs. 2 MSchG). In addition, the fees prescribed for this must be paid (Art. 28 Abs. 3 MSchG). If the prescribed fee is not paid, the IGE rejects the application (Art. 30 Abs. 2 lit. b MSchG).
The basic fee does not simply cover "everything" that can happen around a trademark. It concerns the deposit and examination by the IGE for Switzerland. A prior trademark search, a legal assessment, the drafting of the list of goods and services or representation by professionals are not included.
Which IGE fees apply to the registration?
The most important official costs can be summarized easily. The following amounts are based on the official details of the IGE on costs and fees.
Cost item | Amount | When does it apply? |
|---|---|---|
Application fee | CHF 450 | Basic fee for trademark application in Switzerland |
e-discount | minus CHF 100 | For electronic filing via e-Trademark |
Class surcharge | CHF 100 per class | From the fourth class of goods or services |
Express fee | CHF 400 | In case of accelerated trademark examination |
Renewal fee | CHF 550 | For a further ten years of protection |
Opposition fee | CHF 800 | If an opposition is filed against a trademark |
For most founders, SME and self-employed, the practical starting point is therefore: An electronic application with up to three classes costs CHF 350 at the IGE. As soon as a fourth class is added, the price increases by CHF 100 per additional class.
Why do classes of goods and services affect costs?
A trademark does not protect every business field in the abstract. It is registered for specific goods or services. These are divided into classes. The IGE requires a class surcharge if the list of goods or services comprises more than three classes (Art. 18 Abs. 2 MSchV).
This is crucial for budget planning. A trademark for a small, clearly defined offer often remains within the first three classes. A trademark for several business areas, such as software, consulting, training, trade and clothing, on the other hand, can quickly require additional classes.
However, more classes do not automatically mean better protection. What is decisive is that the classes match your actual or planned offer. A list that is too narrow can be problematic later because new goods or services cannot simply be added after registration. A list that is too broad can cause unnecessary costs and increase the risk of conflicts.
How long is trademark protection valid?
A Swiss trademark is valid for ten years from the filing date (Art. 10 Abs. 1 MSchG). After that, it can be extended for another ten years at a time if a renewal request is made and the prescribed fees are paid (Art. 10 Abs. 2 MSchG).
The renewal request can be made within the last twelve months before expiry and at the latest within six months after the expiry of the period of validity (Art. 10 Abs. 3 MSchG). If the renewal fee is paid only after expiry, a surcharge is due (Art. 26 Abs. 5 MSchV).
Practically, this means: Having the trademark registered does not only cause one-off costs. You should also keep an eye on the renewal after ten years. The current renewal fee according to the IGE is CHF 550 for a further ten years.
What additional costs can arise besides the official fees?
In addition to the IGE fees, service costs can arise. These depend on whether you do the application yourself or use professional support.
Typical services are checking whether your sign is even protectable, searching for identical or similar older trademarks, formulating the list of goods and services, submitting the application and advice during complaints of the IGE.
The prior trademark search is particularly important because the IGE does not eliminate every risk of collision for you. In particular, the IGE checks whether formal requirements are met, whether the fees have been paid and whether absolute grounds for exclusion exist (Art. 30 Abs. 2 MSchG). Absolute grounds for exclusion concern, for example, signs that are public domain, misleading signs or signs that violate applicable law (Art. 2 MSchG).
Relative grounds for exclusion, on the other hand, concern conflicts with older trademarks. Excluded from trademark protection are, for example, signs that are identical or similar to an older trademark and lead to a likelihood of confusion for the same or similar goods or services (Art. 3 Abs. 1 MSchG). In principle, the owner of the older trademark can invoke such grounds (Art. 3 Abs. 3 MSchG). This is exactly why a trademark search before application is often useful.
If you require support with trademark protection, Jurata is happy to help you at any time: Trademark protection.
What does an accelerated trademark examination cost?
If things have to move fast, you can request an accelerated examination. The fee for this is according to the IGE CHF 400. Legally, the request for accelerated examination is only considered made when, in addition to the filing fee, the fee for the accelerated conduct of the examination is also paid (Art. 18a Abs. 2 MSchV).
Whether the express examination is worth it depends on the individual case. It can make sense if a launch is imminent, investor talks are ongoing, a trade fair is planned or the trademark is to be registered as quickly as possible for strategic reasons. If there is no pressure of time, the normal examination is usually sufficient.
But what is important is: An express examination does not replace good preparation. If the sign is problematic or the list of goods and services was formulated unclearly, objections can still arise.
What costs arise in the event of an opposition?
After registration, the owner of an older trademark can file an opposition against the new trademark if they rely on relative grounds for exclusion (Art. 31 Abs. 1 MSchG). The opposition must be submitted in writing with justification to the IGE within three months after publication of the registration. Within this period, the opposition fee must also be paid (Art. 31 Abs. 2 MSchG).
The opposition fee is according to the IGE CHF 800. In addition, representation costs and party compensation can arise. This makes clear why the cheapest registration is not always the gold-standard solution. Anyone who searches carefully before applying reduces the risk of getting into conflict proceedings later or having to adjust the trademark.
How can you plan the costs realistically?
It is best to plan the trademark registration costs in three layers.
First come the official fees. For a simple electronic application in Switzerland with up to three classes, the IGE fee is currently CHF 350. From the fourth class, CHF 100 per class is added. For an express examination, another CHF 400 is added.
Then come potential service costs. These arise if you get support with search, strategy, classification or application. Such costs are not fixed by law, but depend on the provider and the scope of support.
Finally, you should plan for potential follow-up costs. These include renewal after ten years, a possible opposition, subsequent transfers, amendments in the register or international extensions. Additional rules and fees apply to international registrations. The MSchG provides that international registrations can be initiated through the mediation of the IGE if Switzerland is the country of origin (Art. 45 Abs. 1 MSchG). The fees for this must be paid according to the international rules and the ordinance (Art. 45 Abs. 2 MSchG).
Conclusion: What you should budget
If you register a trademark online in Switzerland and need at most three classes, you should currently plan CHF 350 for the official application at the IGE. Without an e-discount, the filing fee is CHF 450. Each additional class from the fourth class costs CHF 100. An express examination costs an additional CHF 400. The renewal after ten years currently costs CHF 550.
The pure official fees are only one part of the total bill, however. The decisive factor is whether your trademark is really eligible for protection, whether the list has been formulated properly and whether older trademarks represent a risk. If you want to register the trademark and avoid costs that only arise later through conflicts, you should not only look at the lowest application fee, but also take the quality of the preparation into account.
Frequently asked questions about the costs of a trademark registration
Does a trademark in Switzerland always cost the same?
No. Although the basic fee is fixed, the total costs depend on the number of classes, the method of filing, a potential express examination and any service costs. For electronic filing with up to three classes, the IGE fee is currently CHF 350.
Are three classes always included?
Up to three classes of goods and services are covered by the filing fee. From the fourth class, the IGE demands a class surcharge of CHF 100 per additional class (Art. 18 Abs. 2 MSchV).
Does the IGE check whether my trademark infringes older trademarks?
The IGE does not automatically check all conflicts with older trademarks. Older trademark owners can, however, rely on relative grounds for exclusion if there is a likelihood of confusion (Art. 3 MSchG). Therefore, a search before filing is recommended.
How long does a registered trademark protect?
A trademark is protected for ten years from the filing date (Art. 10 Abs. 1 MSchG). It can be extended for another ten years at a time if the application is submitted in time and the renewal fee is paid (Art. 10 Abs. 2 MSchG).
