Swiss trademark search explained

The Federal Institute of Intellectual Property and its trademark register

The Federal Institute of Intellectual Property, or IGE in German and IPI in French, is the federal authority that maintains the Swiss trademark register. IGE sits under the State Secretariat for Education, Research and Innovation and has offices in Bern. It examines every trademark application, conducts oppositions and maintains the published register open to the public at no charge. The register is the official record: once a mark is published there, the public is deemed to know of it under the principle of publicity.

How to access the Swiss trademark register

The Swiss trademark register is available at Swissreg, the Institute's online register. The portal accepts searches by mark name (text or word), figurative mark, owner name or IGE application/registration number. A result shows the registered name exactly, the registration date, the owner's name and address, all Nice classes the mark is registered in, and the current status (Registered, Pending, Rejected, Cancelled or Abandoned). Access is free and requires no login or account.

Searches run in real-time against the complete register. The portal also offers a REST API for automated queries, published openly for bulk searches and integration with third-party systems. Single searches take seconds; a result from the register is authoritative.

Identical-mark searches versus similar-mark searches

A trademark search has two branches, each answering a different question. Identical-mark search looks for exact matches: your proposed mark against every registered mark word-for-word (or image-for-image). If yours is 'Zephyr' and a mark 'Zephyr' already exists in the same Nice class, the identical search finds the conflict immediately. Similar-mark search is broader: it looks for marks that a reasonable consumer might confuse with yours — phonetically alike ('Zephyr' vs 'Zephir'), visually similar ('Zephyr' in red vs 'ZEPHYR' in black), or conceptually the same (a word and its logo). The register offers similarity-search tools for both text (phonetic likeness) and images (visual likeness), but the analysis often requires counsel judgment.

A professional clearance search must run both. Self-service tools are most reliable for identical matches; similarity is where counsel review adds real value, because what courts accept as confusingly similar varies by sector and audience.

Nice classification and why it determines what is blocked

Trade marks are protected by class under the international Nice Classification system, which sorts goods and services into 45 classes set by the International Bureau of WIPO. Class 25 is clothing and footwear; class 41 is education and training; class 35 is advertising and retail. A registered mark blocks your application only if you are trying to register the same or similar mark in the same or similar class for the same or similar goods and services. The register search is essential here: 'Apple' is a household name, but it blocks 'Apple' in class 9 (electronics) — not in class 41 (education) or class 30 (food), where different owners use the mark without conflict. Specifying the correct class or classes is how you search for conflicts that actually matter to your business.

What the trademark register shows and does not show

The register is not a complete clearance tool. It shows registered marks only. It does not show: unregistered common-law marks (a name used in the market for years without registration); acquired distinctiveness through long use; company names in the commercial register; business names registered in the cantonal register; domain names; or social-media handles. In sectors like restaurants, printing or local services, the most dangerous conflicts often sit in the commercial register, not the trademark register. A competitor's company name 'Zephyr AG' in the Zurich register may block your 'Zephyr' brand more effectively than a dormant trademark ever could, because company names enjoy Swiss-wide exclusivity and company registers are presumed known to the public. A professional search includes the commercial register and business name checks alongside the trademark register.

How to read a trademark entry's status

Every entry in the register carries a status field showing where the mark stands in its lifecycle. Registered means the mark is in full force and gives the owner the exclusive right to use it for the registered goods and services. Pending means an application was filed and is being examined but not yet registered; during this time the applicant has no legal right and anyone can use the mark. Rejected means IGE refused the application at examination (usually because the mark is merely descriptive or not distinctive enough). Cancelled means the mark was registered but has since been revoked (usually for non-use for five years) or cancelled through opposition. Abandoned means the applicant withdrew the application. Only marks with status Registered carry legal protection; all others are immaterial to your clearance search. If you find a Pending application that looks identical to yours, consult counsel on waiting strategy — the pending applicant may abandon, and you may file later without the conflict.

Free search versus professional trademark clearance

The free register search is a starting point but not a guarantee. It works best for unique marks and where exact conflicts are obvious. It falls short where marks are phonetically or visually similar, where sector knowledge matters (in pharma, for instance, sound-alike marks are flagged more strictly), or where business-name conflicts loom. A professional trademark search, costing CHF 300–800, adds: coverage of unregistered rights in your sector, a review by counsel of similarity risks, advice on the specific goods and services you should register, and a written clearance opinion. For a brand that will become the company name and carry all marketing value, a professional search before filing is a modest investment against the cost of rebranding if a conflict emerges after launch. For a secondary brand or internal project name, the free search may suffice.

The risk of filing without searching

Filing without searching carries two costs. First, if IGE finds a similar registered mark during examination, your application will be refused unless the prior owner consents. You lose the filing fee (a few hundred francs, depending on class count) and the months you waited for examination, and you still cannot use the mark. Second, even if your application is granted (because IGE does not check prior marks — it leaves that to opposition), the prior owner can file an opposition within three months of publication, blocking the registration. In either case you have invested in a brand that turns out to be legally unavailable and paid for the privilege of discovering it. We search before filing, every time, because finding the conflict at the search stage, when it is cheap to adjust the mark or the strategy, is how a registration becomes a real asset rather than a liability.

What a clear search result still does not guarantee

A clear search — no conflicting registered marks found in your Nice class — is necessary but not sufficient for registration and use. The mark can still be rejected at examination on absolute grounds: it may be merely descriptive ('Bread' for a bakery), deceptive ('Swiss' for foreign-made goods), against public order (certain signs), or simply not distinctive enough in the market. Descriptiveness is the most common ground: IGE will refuse 'Premium Cleaning Services' as a service mark for a cleaning company, even if no identical mark exists, because any competitor should be free to use those words. This is why the specification — the exact goods and services you propose — matters. 'Premium Cleaning' might be registrable for a specific service (say, window cleaning for high-rises) that is distinctive, where it would not be registrable for cleaning generally. A clear search and a professional search together address registered conflicts; only a full examination by IGE determines whether absolute grounds will block the mark. We draft the specification carefully to avoid absolute-ground problems and rehearse the argument with the examiner if IGE raises one.

Multiple searches: national, EU and international

A mark searchable in Switzerland may not be free elsewhere. The Swiss trademark register covers Switzerland and Liechtenstein only. If your brand will operate in the EU, a separate EU trademark search through EUIPO (euipo.europa.eu) is essential; EU marks cover all 27 EU member states and block your mark in Europe regardless of whether you have Swiss protection. For businesses with ambitions beyond the EU, a Madrid Protocol international search can check multiple countries in one query through WIPO's Global Brand Database. Planning the trademark footprint across markets at the search stage, before filing, avoids the expense of filing in countries where the mark is already blocked.