How long is a trademark protected in Switzerland?
A Swiss trademark is valid for ten years from the filing date. After that, the registration can be renewed for further ten-year periods if a renewal application is submitted and the prescribed fees are paid (Art. 10 Abs. 1 MSchG, Art. 10 Abs. 2 MSchG).
In practice, this means that the registration date is not necessarily decisive, but rather the filing date. You can find this date in the trademark entry, for example in the Swiss trademark register Swissreg.
Protection can be renewed not just once, but as often as desired. Theoretically, a trademark can therefore exist indefinitely, as long as it is renewed in good time and no other reasons for the loss of protection occur. This is precisely why renewal is so important for companies, self-employed persons and founders. Many trademarks only gain value over time. The more well-known a name or logo becomes, the more important it is not to let the register protection expire accidentally.
When do you have to renew a trademark?
You can renew a trademark in Switzerland at the earliest twelve months before the expiry of the protection period. At the latest, the renewal application must be submitted to the IGE within six months after the expiry of the period of validity (Art. 10 Abs. 3 MSchG, Art. 26 Abs. 1 MSchV).
Renewal is easiest before the protection period expires. You submit the application and pay the renewal fee in good time. The new protection period then follows on from the previous one.
After the expiry of the protection period, there is still a six-month grace period. During this time, renewal is still possible. However, a surcharge applies if the renewal fee is only paid after the expiry of the period of validity (Art. 26 Abs. 5 MSchV).
After these six months, it becomes critical. Continued processing is explicitly excluded in the event of failure to meet the deadline for the renewal application (Art. 41 Abs. 4 lit. d MSchG). Anyone who misses this deadline cannot simply correct the error with a request for further processing.
Especially with important trademarks, it is therefore worth not postponing the renewal until the grace period. It makes sense to check internally at least six to twelve months before the protection period expires whether the brand is still needed and whether all register details are up to date.
How much does a trademark renewal cost in Switzerland?
The renewal of a Swiss trademark currently costs CHF 550 at the IGE for another ten years. This official fee is listed by the IGE in its official overview of Kosten und Gebühren für Marken. If the trademark is only renewed after the expiry of the protection period, a surcharge is added (Art. 26 Abs. 5 MSchV).
The official fee is therefore easy to plan for. The indirect costs are more difficult. These arise, for example, if it is unclear who the trademark owner is, if the address in the register is no longer correct, or if the trademark is part of a larger portfolio and needs to be strategically reviewed.
Representation costs may also apply if you do not handle the renewal yourself but hire a specialist. This can be particularly worthwhile if several trademarks are affected, if there are international registrations or if you want to check at the same time whether the trademark still fits your current business model.
It is also important that the renewal fee must be paid within the statutory deadlines (Art. 26 Abs. 4 MSchV). The application alone is not sufficient if payment is not made. Conversely, the payment should not be viewed in isolation. A clean renewal requires both the application and the fee payment.
How does the renewal of a trademark work at the IGE?
The renewal is done via a renewal application to the IGE. The application can be submitted at the earliest twelve months before the expiry of the period of validity (Art. 26 Abs. 1 MSchV). If the renewal is accepted, the IGE confirms the renewal of the registration (Art. 26 Abs. 3 MSchV).
The process is generally simpler than a new trademark application. When transferring, the IGE does not comprehensively check again whether the trademark was originally eligible for registration. The main objective is to continue the existing registration for another protection period.
Typically, the renewal begins by checking the register to see when the protection period expires. You then decide whether the trademark should be continued unchanged. Afterwards, you submit the renewal application and pay the renewal fee. After successful processing, the IGE confirms the renewal.
The renewal takes effect upon key expiry of the previous period of validity (Art. 26 Abs. 2 MSchV). This is practically important: if you renew the trademark in good time before the expiry, you do not lose any protection time. The new ten-year period does not simply begin on the day of your application, but rather follows on from the existing protection period.
Does the IGE automatically remind you of the renewal?
The IGE may remind the registered trademark owner or their representative of the expiry and the possibility of renewal before the expiry of the period of validity (Art. 25 MSchV). However, you should not rely blindly on this.
The wording "may" is crucial. It means that a reminder is possible, but the responsibility for timely renewal remains with you. In practice, mistakes often happen not because the legal situation is complicated, but because responsibilities are unclear. Perhaps the trademark was registered years ago by an agency, a former employee or an external consultant. Perhaps the registered address is no longer up to date. Or the brand was registered as part of a foundation and was never checked again later.
Therefore, it makes sense to manage trademarks like other important company assets. This includes a deadline calendar, a clear internal responsibility and regular checks of the register data.
What happens if you miss the deadline?
If you miss the renewal before the protection period expires, not all is lost. Within six months after the expiry of the period of validity, you can still submit the renewal application (Art. 10 Abs. 3 MSchG). In this case, however, you must expect additional costs because a surcharge is due for payment after the expiry of the period of validity (Art. 26 Abs. 5 MSchV).
If this six-month grace period is also missed, the situation is much more serious. Statutory further processing is excluded for the deadline for submitting the renewal application (Art. 41 Abs. 4 lit. d MSchG). In other words, you cannot rely on the IGE saving a late renewal after the grace period has expired.
Then, often the only option left is to check whether a new trademark application is possible. But that is not key the same as a renewal. With a new registration, new risks can arise. For example, similar signs could have been registered in the meantime. In addition, the process starts all over again, and there is no guarantee that the new registration will go through without any problems.
Should you check your trademark before renewal?
Yes. The renewal is a good time to strategically check the trademark. Legally, the renewal is about the continuation of the existing registration. Economically, however, you should consider whether the brand still fits your company.
In particular, check whether the trademark owner is correctly registered. If a trademark is still running under an old sole proprietorship, a former company or an outdated address, this should be corrected. Also check whether the trademark is actually still being used and whether it is protected for the right goods and services.
A renewal does not automatically change the scope of protection. If your range has changed significantly, a new registration may also make sense. Example: You originally protected a trademark for consulting services, but today you also sell software. Then you should not only renew the existing trademark, but check whether your current range is sufficiently covered by trademark law.
If you need support with trademark protection, Jurata is happy to help you at any time, especially with the Markenschutzanmeldung.
What needs to be considered for international trademarks?
This article refers to Swiss brands at the IGE. If you have protected your brand internationally via the Madrid System or in individual countries, additional rules and partly different fees apply.
A Swiss trademark and an international registration are not the same. Even if Switzerland is designated in an international registration, administration is not necessarily identical to a purely national Swiss trademark. For international trademarks, the details of the World Intellectual Property Organization, short WIPO, and the respective national protective effects are particularly important.
If your trademark is protected not only in Switzerland but also abroad, you should plan the renewal in a coordinated manner. Otherwise, protection might continue in one country but lapse in another. Especially with export, e-commerce, software, franchise or international expansion, a clear overview of all trademark rights is important.
Frequently asked questions about trademark renewal in Switzerland
How often can I renew a trademark in Switzerland?
You can renew a Swiss trademark as often as you like for ten years at a time. The prerequisite is that you submit a renewal application in good time and pay the prescribed fees (Art. 10 Abs. 2 MSchG).
From when can I apply for the renewal?
The application can be submitted at the earliest twelve months before the expiry of the period of validity (Art. 26 Abs. 1 MSchV). So you do not have to wait until the last moment.
Is there a grace period if I forget the renewal?
Yes. The renewal application can be submitted at the latest within six months after the expiry of the period of validity (Art. 10 Abs. 3 MSchG). If the fee is only paid after expiry, a surcharge is due (Art. 26 Abs. 5 MSchV).
Can I still save an expired trademark after the grace period?
As a rule, not via the further processing. This is excluded if the deadline for the renewal application is missed (Art. 41 Abs. 4 lit. d MSchG). It then remains to be checked whether a new trademark application is possible and sensible.
