Defend
Trademark enforcement
Acting against infringers once the strength of the registered right is confirmed.
Trademark enforcementSwiss trademark
registration
The Swiss register does not check your mark against earlier ones (it leaves that to opposition), so filing without a clearance search risks both losing the application and walking into someone else’s prior right. We run the search first, draft a specification that genuinely protects what the business does, file with the Federal Institute of Intellectual Property, and prosecute the mark to registration: ten years’ protection, renewable indefinitely. The difference between a defensible asset and an unprotected name someone else can register.
At a glance
A registered, defensible mark.
Searched first, drafted right, prosecuted to registration.
- Protects
- The mark for its goods/services
- Term
- 10 years, renewable indefinitely
- Filed with
- Federal Institute (IPI)
- Examined on
- Absolute grounds only
- Earlier marks
- Via opposition; search first
The essentials
What registration gives you
A registered Swiss trademark, under the Trade Mark Protection Act and filed with the Federal Institute of Intellectual Property, gives the exclusive right to use a sign for its registered goods and services and to stop confusingly similar use, for ten years, renewable indefinitely. Crucially, the Institute examines only absolute grounds, not earlier marks, so the clearance search up front is how conflicts are found. We search, draft, file and prosecute to a defensible registered mark.
Who this is for
- businesses protecting a brand name, logo or slogan;
- companies building on a currently unregistered name;
- those expanding into Switzerland from abroad;
- brands planning an international trademark footprint.
Where it fits
Registration is the foundation for enforcement, feeds an IP holding company, and is checked in IP due diligence.
The process
The registration process
Registration runs from search to registered mark, with the key quirk that earlier marks are dealt with by opposition, not by the Institute.
| Stage | What happens |
|---|---|
| Clearance search | Find earlier conflicting marks before filing |
| Filing | Mark + goods/services, by class, to the IPI |
| Examination | Absolute grounds only, not earlier marks |
| Registration & opposition | Published; earlier owners may oppose (3 months) |
Because the Institute will not refuse your mark for conflicting with an earlier one, the clearance search and a sensible choice of mark and specification are what protect you, both from a wasted application and from an infringement claim. We front-load that work, so registration is smooth and the mark is sound.
The footprint
National, international, or both
A Swiss filing protects you in Switzerland and Liechtenstein, no further. A brand selling abroad needs to decide its footprint at the outset, because the Swiss mark can become the base for an international registration.
| Route | Covers | Choose it when |
|---|---|---|
| Swiss national (IPI) | Switzerland & Liechtenstein | The home market is the priority |
| International (Madrid) | Designated member states, one filing | Expanding into several countries |
| EU trademark (EUIPO) | All EU states, separate from Switzerland | The EU is a core market |
Because Switzerland is outside the EU, a Swiss mark does not cover the EU and an EU trademark does not cover Switzerland — a brand active in both needs both. The Madrid Protocol lets you build on the Swiss application to designate further countries in a single international registration, which is usually the efficient path once more than two or three markets are in play. We set the home filing up so it can carry the international footprint you will want next, rather than boxing it in.
How it runs
How we run it
Search, draft, file, prosecute, and plan the international footprint where the brand needs it.
- Step 1
Clearance search
Searching for earlier identical or similar marks before filing, to find conflicts while they are cheap to fix.
- Step 2
Draft the specification
Drafting the goods and services to protect what the business does, neither too thin nor overreaching.
- Step 3
File & prosecute
Filing with the Institute and managing the examination through to registration.
- Step 4
Handle opposition
Defending against, or bringing, any opposition within the short window after publication.
- Step 5
Plan the footprint
Extending protection internationally through the Madrid system where the brand operates abroad.
Budget
What it costs
Cost depends on the clearance search, the number of classes covered, and whether any objection or opposition arises; official fees scale with the classes. A clean, well-searched application in a sensible number of classes is the efficient path. Against the value of a registered, enforceable mark versus an unprotected name, the investment is modest.
We give a clear scope and quote up front. Pricing is on request.
Discuss your trademark
What it takes
What a strong registration requires
A registration that genuinely protects the brand rests on:
- a clearance search before filing;
- a distinctive mark that passes absolute grounds;
- a goods-and-services specification that fits the business;
- readiness for the opposition window;
- an international footprint matching where the brand operates.
The register won’t protect you from a prior right — you have to look
The most consequential misunderstanding in Swiss trademark filing is assuming the Institute will refuse your mark if a similar one already exists. It will not: it checks only whether your mark is registrable in itself, and leaves conflicts with earlier marks to their owners through opposition. So a mark can sail through registration and still be vulnerable (opposed, cancelled, or the basis of an infringement claim against you) because no one checked for prior rights. The clearance search is not an optional extra; it is the step that finds the conflict the register ignores. We do it first, every time, because skipping it is how a registration becomes a liability.
Why Goldblum
The mark, in detail
Searching first, drafting a specification that fits the business, prosecuting to registration and handling opposition, for a mark that is a real asset, is the work this firm does.
Searched
Conflicts found first
A clearance search before filing, because the register won’t check for prior rights and an unsearched mark can become a liability.
Drafted
A specification that fits
Goods and services drafted to protect what the business actually does, neither too thin to defend nor too broad to support.
Owned
A real, defensible asset
A registered mark, enforceable and renewable indefinitely — the difference between owning the brand and merely using a name.
Related
Around the mark
Online
Domain name disputes
Recovering abusive domains that trade on the mark, through UDRP and the .ch/.li procedures.
Domain name disputesStructure
IP holding company
The Swiss company that owns and licenses the mark, ring-fenced from operating risk.
IP holding company
FAQ
Swiss trademark registration: FAQ
01What does a Swiss trademark protect?
A registered Swiss trademark gives the owner the exclusive right to use a sign (a name, logo, slogan or other mark) for the specific goods and services it is registered for, and to stop others using a confusingly similar sign for similar goods and services. Protection lasts ten years from filing and can be renewed indefinitely in ten-year periods, so a well-maintained mark can last as long as the business. The protection is territorial: a Swiss registration covers Switzerland (and Liechtenstein), and separate or international registration is needed for other markets. The registered right is far stronger and easier to enforce than relying on an unregistered name.
02Why do a clearance search first?
Because filing without checking risks both wasting the application and walking into someone else's prior right. A clearance search looks for earlier identical or confusingly similar marks already registered for related goods and services, which could block your registration through opposition or, worse, expose you to an infringement claim once you start using your mark. Finding a conflict before filing lets you adjust the mark, the goods and services, or the strategy while it is cheap to do so, rather than after you have invested in the brand. The Swiss register does not examine your mark against earlier ones for you, so the clearance search is how you find conflicts yourself. We run it before filing.
03How does the Swiss registration process work?
After a clearance search, the application is filed with the Federal Institute of Intellectual Property, specifying the mark and the goods and services it is to cover, classified under the international system. The Institute examines the application on absolute grounds (whether the mark is registrable at all, for example not purely descriptive or misleading) but does not refuse it for conflicting with earlier marks; that is left to opposition. If the application passes examination and the fees are paid, the mark is registered and published. Owners of earlier marks then have a window to oppose. We prepare and file the application, manage the examination, and handle the process through to registration.
04Does the Institute check my mark against earlier trademarks?
No, and this surprises many applicants. The Swiss Federal Institute of Intellectual Property examines an application only on absolute grounds, such as whether the mark is distinctive and not descriptive, deceptive or contrary to public order. It does not refuse your mark because an earlier, similar one exists; it leaves that to the owners of earlier marks, who can file an opposition after your mark is published. This is exactly why the clearance search up front matters so much: the register will not protect you from a prior right, so you have to look for one yourself before filing, and be ready for a possible opposition. We handle both the search and any opposition that arises.
05What is the opposition period?
After a trademark is registered and published, the owners of earlier rights have a defined window of three months from publication in which to file an opposition arguing that the new mark conflicts with their earlier one. If an opposition is filed, it leads to a proceeding before the Institute in which the conflict is assessed, and the new mark may be cancelled in whole or in part if the opposition succeeds. This is why the clearance search and a sensible choice of mark matter: they reduce the chance of a costly opposition. Where an opposition is filed against your mark, or where you need to oppose someone else's, we handle the proceeding. The window is short, so prompt action matters.
06How should the goods and services be specified?
Carefully, because the specification defines and limits the protection. A trademark is registered for particular goods and services, grouped into international classes, and the mark is only protected for what is listed: too narrow a specification leaves gaps a competitor can exploit, while too broad a one can attract opposition and may not be supportable. The right specification covers what the business actually does and realistically plans to do, drafted precisely. Getting it wrong is one of the most common and consequential errors in self-filed applications. We draft the goods and services to give genuine, defensible protection across what the business needs, neither too thin nor overreaching.
07How do I protect the mark outside Switzerland?
Through separate national registrations or, more efficiently, the international system. A Swiss registration covers only Switzerland and Liechtenstein; to protect the mark in other markets you either file nationally in each country or use the international (Madrid) system, which lets you extend a Swiss base registration to many countries through a single application. Which route fits depends on where the business operates and plans to, and on cost. For a business with international ambitions, planning the trademark footprint from the start (Swiss base plus the right international extensions) avoids gaps and duplicated cost later. We advise on the international strategy and coordinate the filings, with local agents where needed.
08What does it cost and how long does it take?
Cost depends on the clearance search, the number of classes of goods and services, and whether any opposition or objection arises; official fees scale with the classes covered. Timing, absent complications, runs to a few months from filing to registration, though an opposition extends it. A clean application in a sensible number of classes, well searched and well drafted, is the efficient path; a poorly prepared one that draws objections or opposition costs more in time and money. We give a clear scope and quote up front, and the investment is modest against the value of a registered, enforceable mark versus an unprotected name.
09What happens if I don't register and just use the name?
You have far weaker protection and a real risk. An unregistered mark enjoys only limited protection in Switzerland, hard to enforce and easy to lose, and crucially someone else can register the same or a similar mark and then stop you using your own brand, turning your unregistered name into their registered right. Businesses that build a brand on an unregistered name often discover the problem only when they try to stop a copycat, or when a third party registers first. Registration is the difference between a defensible asset and a hope. We register the mark properly so the brand is genuinely owned and protected, rather than relying on use alone.
10Can Goldblum handle the registration?
Yes. We run the clearance search, advise on the mark and the goods-and-services specification, file the application with the Federal Institute of Intellectual Property, manage the examination through to registration, and handle any opposition, for or against, that arises. Where the brand needs protection beyond Switzerland, we plan the international strategy and coordinate the filings. We also connect the trademark to the wider IP picture, from enforcement to holding structures. The aim is a registered, defensible mark with a specification that genuinely protects what the business does, and a footprint that matches where it operates: a real asset, not an unprotected name.
Ready to protect your brand?
Tell us the mark and what it covers. A partner runs the clearance search, files with the Institute, and prosecutes it to a registered, defensible mark.