Those who plan to register Swiss companies often decide to register their own trademark in Switzerland simultaneously but have absolutely no idea where to start. If you feel like that then this article is right for you! Let’s take a closer look at this question right now!
A trademark is a designation that distinguishes certain types of goods and services produced by one company from those of its competitors. Such designations may include words and images, numbers and graphic inscriptions, as well as combinations thereof, advertising slogans and mottos, emblems, and logos.
A trademark also includes brands, commercial signs, labels, as well as corporate brands and names. A trademark is a real indicator of your company’s image, which in one way or another affects the reputation as a whole.
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Benefits of registering a trademark in Switzerland
Why must you register your own trademark? What benefits will this process bring to you? The main of them are the next ones:
- using your own TM in advertising, including on the Internet, as well as in business documentation;
- an ability to place advertising on billboards, light boxes, and other advertising media, if it is necessary;
- an opportunity to allow third parties to use your trademark by signing a license agreement;
- an ability to sell or transfer rights for your TM to third parties (rights transfer agreement);
- an ability to allow the use of TM on franchise terms.
A registered trademark in Switzerland is a real indicator of the prestige of the organization itself. The main rules of registration are as follows:
- The applicant must have a real production or registered legal entity in Switzerland.
- The reference to the region in the name is strictly regulated there. It is allowed if the place is the origin of these goods and services.
- In case you get a refusal to register your trademark all the reasons will be explained and they can be appealed in court.
- The registered TM can be revoked, if it is not used for 5 years.
- The registration procedure is very simple and fast, it takes 5-7 months on average.
By the way, major brands, sites, stores, and shopping centres prefer to cooperate with those who have registered an official trademark. This will greatly increase confidence in you, your product, service, or company. You will also be able to sell franchises.
The issue of franchising is a very interesting topic for developing your own business, so there are a lot of advantages to registering a trademark.
How can a foreigner register a trademark in Switzerland?
The general registration process isn’t complicated. To obtain your own trademark you should follow the next steps:
- You apply and pay a fee. Please note, that in order to register a trademark in Switzerland, you must be a resident of the country or indicate a resident representative.
- The Swiss Federal Institute of Intellectual Property verifies the completed application. If all the requirements are met (your trademark must be unique, it mustn’t violate the existing laws and moral standards, also, it mustn’t mislead customers concerning the origin of products or services), the registration process begins.
- The data is entered into the Swissreg and the corresponding certificate is issued to the applicant.
Please take into consideration that trademark ownership in Switzerland is valid only for 10 years from the date of its registration.
If you suddenly want to cancel your registration, you can do it yourself. It is possible to renew it by submitting a special request and paying a fee, but keep in mind the deadline — it is better to do this 12 months prior to the expiration date. Also, according to Swiss law, every individual has the right to appeal against any registered trademark in Switzerland.
If the court agrees with such claims then that trademark will be cancelled, otherwise, such claims will be declined.
Then you can use the received rights only at your own discretion. But note that if you have registered a trademark in Switzerland, it means that it is protected only in Switzerland and nowhere else. If you want your brand or something else to be internationally recognized, you need to apply for an international patent or to the World Intellectual Property Organization.
In such a way you can save time and money, as you will have no need to register your trademark in every country. After achieving a proper certificate your rights for this TM will spread over all the countries which have signed the Madrid Agreement.
During the registration process you must indicate in the application form the next data:
- view of your trademark;
- name, address and legal form of your company;
- list of goods and/or services covered by this trademark.
This process can be performed with a representative in Switzerland, as well as remotely. If you understand that you can’t go through the above-mentioned process on your own, you can turn to swiss lawyers. They will help you register a Swiss company and your trademark as soon as possible with minimal participation!
You won’t need to understand the intricacies of the registration process, as all will be done by your lawyers. Also, in case of a necessity you can transfer the rights for your trademark to a third party.
In such a case you must notify the Swiss Federal Institute of Intellectual Property. If necessary lawyers can also solve this issue.
Conclusions
Organizing your own business, especially registering your trademark, is a very important, capacious process that requires lots of effort and knowledge. While developing your trademark don’t forget that it must not violate laws or moral standards, mislead consumers, or be deceptive.
If you understand that you lack of necessary knowledge then contact swiss lawyers who know all the peculiarities of the registration process thoroughly. Thus, you won’t only save your time and funds, but you will also achieve a guaranteed result without any concerns.
Have a good luck in all your beginnings! Everything will work out!
