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.

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4. Results: Answers
Trademarks
7.
Enforcement and remedies for trademark infringement
7.1
What remedies are available against trademark infringement?
Switzerland

Answer ... Declaratory Judgment Action 52 LPM

Cancellation Action 53 LPM

Writ of Mandamus 55 LPM

Temporary Injunction Action 55 LPM

Action for damages CO

For more information about this answer please contact: John Moetteli from Da Vinci Partners LLC
7.2
What remedies are available against trademark dilution?
Switzerland

Answer ... A rights holder of a famous trademark to take action against use by others in relation to any goods or services if its trademark is diluted or its reputation is exploited or affected. (Art. 15 LPM).

For more information about this answer please contact: John Moetteli from Da Vinci Partners LLC
7.3
Does the law recognise remedies against other harms to trademark rights besides infringement and dilution?
Switzerland

Answer ... Exploitation to or harm to reputation may be prevented if the mark is famous. (Art. 15 LPM).

For more information about this answer please contact: John Moetteli from Da Vinci Partners LLC
7.4
What is the procedure for pursuing claims for trademark infringement?
Switzerland

Answer ... Filing of a civil lawsuit in a Canton (a state) in Switzerland.

For more information about this answer please contact: John Moetteli from Da Vinci Partners LLC
7.5
What typical defences are available to a defendant in trademark litigation?
Switzerland

Answer ... No similarity between the marks and the goods & services.

Non-use of the plaintiff’s trademark.

For more information about this answer please contact: John Moetteli from Da Vinci Partners LLC
7.6
What is the procedure for appealing a decision in trademark litigation?
Switzerland

Answer ... Appeal to the Federal Tribunal (TF).

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