After taking the decision of what products or services your business would provide, you need to set a brand name for yourself which will set your business apart from the other competitors in the market. It is a crucial decision which needs to be taken after starting a company in Switzerland. The more you can differentiate others from your brand, the better it is for your business. If people like your brand, they tend to associate themselves with a brand and feel a sense of loyalty towards it.
This is the reason that the trademark registration is one of the most wanted services in recent times. A business’s major concern is protecting one’s products against any fraud or forgery being committed. Registering a trademark would not only perform the required job but will also help to differentiate the brand from its competitors.
Let’s first understand how Swiss trademarks can be classified and what is the procedure register a trademark in Switzerland.
Classification for Swiss Trademarks
Swiss trademarks can be divided into three categories:
This trademark would provide assistance in differentiating the products of a Swiss company form another.
The collective trademark is employed to represent the products of an association of companies.
This trademark represents the products with certain specific and special qualities or properties.
After deciding what kind of trademark you need to register, you need to follow the following steps to register a trademark in Switzerland.
Steps to Register a Trademark in Switzerland
1.Search the Current Market and Prepare Your Trademark
The first step for registering a trademark in Switzerland is to prepare a trademark for the business. It should be taken care that this trademark is not identical to any other trademark or you will not be able to use it. One easy way is to carry out a search in the market whether the chosen trademark is already being utilized by any other business or not.
2.File for Trademark
Once you have checked the availability of the trademark, you are required to file for the trademark. You can download the registration application form and fill in the necessary details. After filling the form, you need to send this form to the Swiss Federal Institute of Intellectual Property (also known as IPI).
The Swiss government has also taken up a new initiative of making the registration process easier by keeping it online. The E-Trademark portal will assist you on each and every step of registration. It is to be noted that the application on the portal can only be filled French, Italian or German. In case the person applying for the trademark does not have a domicile in the country, the person needs to appoint a representative.
3.Examination of the Goods/Services
You are required to point out the goods or service for which the trademark is being registered. For the proper protection of the goods or service, the classification should be very precise. Once the classification is approved, it cannot be extended. For the proper classification of goods and services, you can utilize the classification tool which is provided by IPI.
4.Status visible at SWISSREG
This filed application will be visible on https://www.swissreg.ch/. An applicant can regularly check the present status of the submitted application here. Also during this period, a thorough examination of the form and the goods and services are conducted. If your application is accepted, in such a case the IPI will publish the result on the registry website and will send you a certificate of registration.
5.Opposition to the Trademark
As soon as the trademark is registered, the three-month period for the opposition of the trademark would begin. This means that the owners of a trademark which are similar to yours can file an opposition to the trademark. In case anyone has already registered a related or identical trademark, they can file for an objection or claim before a civil court.
After the registration, your specified trademark would be protected for the next ten years. However, if after five years you do not use your trademark, in this case, you can lose the rights to your trademark.
Documents Required for Registration
While filing a trademark, every businessman should keep the following documents handy:
- The details of the applicants or his identification papers
- A depiction of the trademark
- The list of Goods or Services for which the trademark is claimed
- A Power of Attorney
In today’s world, the protection of a business’s intellectual property is of paramount importance as the different product and services are represented by such intellectual property. Whether it is trademark, patent or copyright, protecting the intellectual property is really necessary. This has been understood by governments all over the world and has made the intellectual property rights and infringement of these may lead to serious repercussions. You should always let these crucial and delicate matters to be handled by the experts so that there is no problem in the future. If you are looking for a firm that provides intellectual property services and trademark registration services, look no further.
Business Setup Worldwide is a consulting firm which will help you in establishing your business without facing any hassle. Apart from services relating to intellectual property, we also provide a variety of other services to which help in the growth of your business. To know more about the services that we provide please contact us, we would be happy to help.