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Swiss Trademarks Registration Increase

Dmytro Pichugin

Attorney at Law / Managing Partner

February 14, 2019Legal Alert

Trademarks in Switzerland at an Exponential Increase

Following the application of about 17,000 trademarks to the Swiss Federal Institute of Intellectual Property (IPI) in 2018, it is amazing how a total of over 500,000 trademarks are now operative for the first time in Switzerland. Registration of trademarks in Switzerland is essential for the protection of businesses, designs, companies, and so on, making them distinct as service providers. It protects the originality, products, and goodwill of companies and service providers from competitors and free-riders. Hence, the tag “Intellectual Property”. Therefore, registration must be made under the appropriate classification, the most popular of which is Class 35-advertising and business management.
Against this backdrop, the report of trademarks registered by companies in Switzerland last year was 16,880 in number, representing a 0.5 percent drop in the 2017 statistics, although in 2018, the IP rights database in Swissreg recorded a total of 14,314 trademarks. It must be stressed that this figure is inclusive of prior applications which have long been registered.

WHAT IS THE ROLE OF THE IPI?

The Swiss Federal Institute of Intellectual Property (IPI) is responsible for registration of trademarks in Switzerland, ninety-seven percent of which is made electronically via eTrademark. Registration is not restricted to trademarks but also copyrights, designs, patents and lots more. It is open to private individuals and companies alike who may wish to create a distinct personality in the economic market. Hence, in 2018, the canton of Zurich led the pack with a wide margin, by making applications amounting to 2824, with the canton of Vaud (1229) and the canton of Zug (1187) in tow.
Also last year, at the forefront of registrations were those for the registration of ‘clocks’, ‘watches and other furnishing instruments’, ‘furnishings and packaging’, currently amounting to 300,000 design products under the protection of the IPI.

WHY THE USE OF YOUR TRADEMARK IS PARAMOUNT?

At the inception of 2017, there was an introduction of a simplified new procedure which enables a cancelation of a trademark on grounds of non-use. It is a process under the Trademark Protection Ordinance. Basically, where a trademark is in disuse for a continuous period of five years without interruption, a third party may legitimately bring an application that it be canceled. This invariably means removal of every form of protection of the owner’s trademark. As of 2017, 51 requests of such cancellations were made to the IPI.
Source: https://www.admin.ch/gov/en/start/documentation/media-releases.msg-id-73961.html

  • Legal disclaimer. This article does not constitute legal advice and does not establish an attorney-client relationship. The article should be used for informational purposes only.

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