Trademark Registration In Switzerland

The following questions will help you to determine a strategy to protect your trademark and carefully to plan for registering your trademark.

Initially, you need to determine why it is even necessary to protect your trademark. Are you looking forward to protecting a word, images or both? Which are the products you are looking forward to protecting your trademark with? A trademark only offers protection for the goods and services defined in your application which imply you want to use the specific trademark for the specified products. You, therefore, need to think carefully and have a plan in hand when selecting the particular product and service categories you want because after your trademark has been registered the protection cannot be extended to include additional goods and services. At Gamut Corporate, we can simplify the process of registering a trademark shielding you from the complexities of searching, applying and any queries which may arise at the trademark office.

Let us provide you with a better understanding of what a trademark is.

What Is A Trademark?

Technically speaking a trademark is a sign which is protected and distinguishes the products or services of a company from other companies which may also have been established. The trademark can be in the form of graphical representations of a sign within the meaning of the law to include words, letters, combinations, numbers, graphic images, slogans, three-dimensional forms, and others or even include sound trademarks which could be made up of a sequence of notes. It must be understood that simply registering a company name does not ensure it protection as a brand or a trademark.

Is A Trademark Necessary?

As mentioned earlier a trademark can offer you protection for goods and services classified to ensure you are using the particular trademark for your business and therefore cannot be infringed upon by anyone else. Whether you believe a trademark is necessary or not is an individual perception but if you have a trademark registered you can rest assured you can claim for damages from other entities if they deliberately or inadvertently infringe upon your trademark. This is a type of authorised protection for registering your trademark against any infringements which could cause losses to your business. You may continue your business without registering trademark if it is quite common and is being used by countless others in the vicinity. However, if you are offering exclusive services or products it is suggested that you register a trademark for your business to avoid having your products or services plagiarised by others.

Should a trademark be protected?

Trademarks are essential distinguishing features of goods and services and therefore require an investment of plenty of time and money for creating and maintaining them. Trademarks can be considered as valuable capital because it allows your brand to stand apart from your competitors. When you register your trademark you are identifying your product as an intellectual property belonging to you and therefore need to protect yourself from any business or individual that tries to infringe upon your trademark.

What is included in our fee?

Our fee includes completing the application and the Swiss trademark filing fee, as per the selected number of classes.

Specifically not included in our standard fee are:

- Expedited trademark examination fee (CHF100.00)
- Fee for filing an objection (CHF800.00)
- Detailed search analysis if desired trademark (POA)

What Is The Process For Registering Your Trademark?

After placing your order online, we will contact you to gather information about your trademark.  We will then make a proposal on the categories and word formulation for each of the categories.  Once we have agreed on this, we will file the trademark.

What Is The Duration of Time Needed For Trademark Registration?

If no objections or oppositions are raised by any party the average time frame for registration approval is four months.

How to Perform A Trademark Search?

Several methods are available to conduct research to understand whether a trademark you have chosen was or is already registered by a company or domain name by someone else the help of Internet search engines. However, we would like to inform you that if a search is conducted incorrectly or the application submitted contains errors you will be liable for paying more costs. Rather than waste time by conducting research yourself a better option would be to use the professional services of gamut corporate because we can offer you professional trademark registration services for Switzerland.

How Much Does a Search Cost?

Conducting free searches is an option available to you but is fraught with errors which may cost more than initially believed. Wouldn't it be a better option for you to consider using our services because it will be a cost saving effort.

Can a Search Be Conducted For A Picture Trademark?

A search for picture trademarks can also be conducted by using search engines on which the trademark images are displayed. However, we strongly recommend you to utilise our professional services for best results.

What Are The Different Types of Trademarks?

There are many different types of trademarks, but most commonly a word or picture trademark can be registered.

Can Any Trademark Be Registered?

Basically yes. During the time of trademark examination, the IPI determines whether the sign is suitable as a trademark and whether it can be registered.

What Type of Trademarks Cannot Be Protected?

Simple and common signs such as numbers and letters, indications for descriptive elements or objects, signs that are offensive to public laws of decency along with misleading or illegal signs are excluded from trademark protection. Also excluded are national insignia and any other official signs. A responsible court must determine whether a newly registered trademark is confusing with an older trademark belonged to another party. The IPI does not have any jurisdiction in this matter.

Necessary Formalities for Trademark Registration

For registering a trademark the mark itself along with a list of goods and services it represents must be submitted with an application. The application form is examined by the authorities for admissibility.

Can You File A Trademark Application By Yourself Or Do You Need A Consultant?

If you are domiciled in Switzerland you are not obliged to retain an agent or a trademark consultant. You can, therefore, submit an application for the trademark by yourself. However, it is difficult to protect a trademark and the process is generally complicated and demanding. It is the reason why we recommend that you contact us as we specialise in this task. You may find our services even more useful if a conflict another trademark arises which could be in the form of opposition proceedings.

We are of the opinion we have provided you with comprehensive information about what a trademark is, why it's necessary and all of the information which may be beneficial for your needs. However, we can assist you even further if you send us a message on the contact us page or alternatively ‘click here’ for the assistance you need. We look forward to hearing from you soon.