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Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

1
TOPIC
4
RESULTS: Answers
4. Results: Answers
Trademarks
3.
Registration procedure
3.1
Which governing body (ie, trademark office) controls the registration process?
Switzerland
Da Vinci Partners LLC

Answer ... The Swiss trademark office: Swiss Federal Institute of Intellectual Property.

For more information about this answer please contact: John Moetteli from Da Vinci Partners LLC
3.2
What fees does the trademark office charge for an application, during prosecution and for issuance of a registration?
Switzerland
Da Vinci Partners LLC

Answer ... CHF 550 filing fee for 3 classes.

CHF 100 for each additional class over 3.

For more information about this answer please contact: John Moetteli from Da Vinci Partners LLC
3.3
Does the trademark office use the Nice Classification scheme?
Switzerland
Da Vinci Partners LLC

Answer ... Yes.

For more information about this answer please contact: John Moetteli from Da Vinci Partners LLC
3.4
Are ‘class-wide’ applications allowed, or must the applicant identify the specific goods or services for which the mark will be used?
Switzerland
Da Vinci Partners LLC

Answer ... Class-wide applications can be filed. However, for class 45, specific goods or services must be mentioned.

For more information about this answer please contact: John Moetteli from Da Vinci Partners LLC
3.5
Must an applicant have a bona fide intention to use the trademark for the goods or services identified in the application in order to apply for registration?
Switzerland
Da Vinci Partners LLC

Answer ... No such requirement at filing. However, a bad faith filing can, in some instances, be attacked in the court on unfair competition grounds.

For more information about this answer please contact: John Moetteli from Da Vinci Partners LLC
3.6
Does the trademark office perform relative examination of trademark applications (ie, searches for earlier conflicting marks)?
Switzerland
Da Vinci Partners LLC

Answer ... No.

For more information about this answer please contact: John Moetteli from Da Vinci Partners LLC
3.7
What types of examinations does the trademark office perform other than relative examination?
Switzerland
Da Vinci Partners LLC

Answer ... Examination on the absolute grounds of Art. 2 LPM. No relative examination (i.e., examination of prior rights) is performed.

For more information about this answer please contact: John Moetteli from Da Vinci Partners LLC
3.8
Apart from confusion with a senior mark, descriptiveness and genericness, are there other grounds under which a mark is ineligible for registration, such as public policy reasons?
Switzerland
Da Vinci Partners LLC

Answer ... 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 (for example: Law on the protection of coats of arms LPAP). No examination of prior rights is performed.

For more information about this answer please contact: John Moetteli from Da Vinci Partners LLC
3.9
Is there a separate or supplemental register on which descriptive marks may be registered?
Switzerland
Da Vinci Partners LLC

Answer ... No.

For more information about this answer please contact: John Moetteli from Da Vinci Partners LLC
3.10
Can a third party object to registration of a mark before the application has been published (eg, by letter of protest to the trademark office)?
Switzerland
Da Vinci Partners LLC

Answer ... Practically speaking, no.

For more information about this answer please contact: John Moetteli from Da Vinci Partners LLC
3.11
Must the applicant use the trademark commercially in order to obtain a registration?
Switzerland
Da Vinci Partners LLC

Answer ... No. However, five years after registration, the trademark can be attacked for non-use.

For more information about this answer please contact: John Moetteli from Da Vinci Partners LLC
3.12
How much time does it typically take from filing an application to the first office action?
Switzerland
Da Vinci Partners LLC

Answer ... One or two months, but lately (due to Covid) longer, unless accelerated examination is requested at filing.

For more information about this answer please contact: John Moetteli from Da Vinci Partners LLC
3.13
How much time does it typically take from filing an application to publication?
Switzerland
Da Vinci Partners LLC

Answer ... About 6 months.

For more information about this answer please contact: John Moetteli from Da Vinci Partners LLC
Contributors
Topic
Trademarks
Brendan Hughes
Brendan Hughes
Cooley LLP
Contributing Editor
Article Author(s)
John Moetteli
Novella Moetteli-Mantelli
Da Vinci Partners LLC
Switzerland

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