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FAQ Trademarks |
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1) Is it possible to get trademark protection for
three dimensional forms or for colors in Switzerland?
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Yes. According to Swiss law, trademarks can be words, characters, numbers, figurative representations, three dimensional forms, or combination of said elements among each other or the latter in combination with color. |
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2) Do I need a representative for filing a trademark application with the Swiss Federal Institute of Intellectual Property?
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For non-resident applicants a representative is compulsory. Swiss citizens can file a trademark application without nominating a legal representative.
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3) I know that Switzerland is not a member of
the European Union.
Are European Community Trademarks valid in Switzerland?
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No. Trademark protection has to be obtained separately by either a national Swiss
trademark registration, or a International Trademark Registration
(IR-Trademark / "Madrid- Agreement") designating Switzerland.
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4) Is an "opposition procedure"
against a Swiss trademark possible?
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The opposition term starts with the date of the publication of
the registration of the trademark and expires after three months. During those three months the owner of an older trademark has the right to file an
opposition. Older rights are trademark applications or registrations
as well as unregistered notorious marks according to article 6bis,
Paris Convention.
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5) What is the term of a Swiss trademark?
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The term of protection is ten years from the date of application. Renewals are possible
for subsequent periods of ten years simply by paying an official
fee without any additional requirements. However, if the trademark remains unused for a subsequent
period of five years after the expiry of the opposition period, the trademark owner can
no longer assert the trademark rights, unless there are important reasons
for the non-use. In that case the trademark is open for a revocation
procedure because of non-use.
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6) Is it possible to file a
trademark application for a plurality of goods and services?
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Yes! Two classes of goods and services are included
in the basic application. A supplemental fee is charged
for the third and each additional class.
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