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4. Results: Answers
Trademarks
2.
What constitutes a trademark?
2.1
What types of designations or other identifiers may serve as trademarks under the law?
Switzerland

Answer ... Wordmarks, numbers, devices, combined (wordmark & device), sounds, smells, three-dimensional marks, colors.

For more information about this answer please contact: John Moetteli from Da Vinci Partners LLC
2.2
What are the requirements for a designation or other identifier to function as a trademark?
Switzerland

Answer ... A trademark must be a sign that distinguishes the products or services of the owner or licensee of the trademark from those of other companies.

A trademark must have abstract distinctive character: a mark is capable of constituting a trademark when, considered in the abstract, i.e., without taking into account the goods or services, it is able to fulfil the function of a trademark.

For more information about this answer please contact: John Moetteli from Da Vinci Partners LLC
2.3
What types of designations or other identifiers are ineligible to function as trademarks?
Switzerland

Answer ... Marks in the public domain, unless they have become established as trademarks for the goods or services concerned, shapes that constitute the very nature of the product and shapes of the product or packaging that are technically necessary, marks that are likely to mislead, signs that are contrary to public policy, morality or the law in force.

Marks identical to an earlier mark and intended for identical goods or services, marks identical to an earlier mark and intended for similar goods or services, where a likelihood of confusion exists, marks similar to an earlier mark and intended for identical or similar goods or services, where there is a likelihood of confusion. Art. 2 & 3 LPM: no exclusion (absolute or relative)

For more information about this answer please contact: John Moetteli from Da Vinci Partners LLC
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Trademarks