Applicants can apply for the registration of Swiss trademarks in two ways: one is to submit the Swiss trademark registration application directly through IGE; Second, according to the provisions of the madrid agreement concerning the international registration of marks or the madrid agreement concerning the international registration of marks Protocol, apply for international registration of trademarks.
Priority of trademark registration
1. Paris convention priority
If a member country of the Paris Convention for the Protection of Industrial Property or a country that gives Switzerland reciprocal treatment applies for trademark registration for the first time, it can enjoy priority if it submits the same application for trademark registration in Switzerland within 6 months. Take the priority date as the application date.
2. Exhibition priority
Exhibiting products or services with trademarks at official exhibitions stipulated in the Convention on International Expositions and submitting an application for trademark registration to IGE within 6 months after the opening of the exhibition can enjoy priority. The opening day of the exhibition is the priority day.
Procedures for directly applying for trademark registration with IGE
1. Trademark search
Because IGE does not examine whether the applied trademark infringes the rights of registered trademarks or other enterprises during the process of trademark registration approval, the applicant should conduct trademark search before applying for trademark registration to ensure that the applied trademark will not infringe any prior rights. Available online databases include:
Swiss Registered Intellectual Property Database (Swiss Reg): It can retrieve trademarks, patents, designs and protected layout designs of integrated circuits registered in Switzerland.
● Swiss Enterprise Information Database (Zefix): A database provided by the Swiss Federal Office of Justice and Police (FDJP) and the Federal Ministry of Justice (FOJ), which can retrieve the names and registrations of Swiss enterprises.
● Swiss Internet Domain Name Database (SWITCH): Swiss domain names and domain name holders ending in. You can search ch In addition, the domain name of Liechtenstein is based on. Search on www.nic.li
● Madrid Monitor: You can retrieve the detailed information of all trademarks registered through Madrid system.
● EU Trademark Database (TMview): You can search the trademark registrations accepted by the EU Patent and Trademark Office and the intellectual property authorities of EU member States.
The applicant should also check whether the logo to be applied for may conflict with other trademarks. For details, please refer to IGE, which logo takes precedence in case of conflict and confusion risk: yes or no. 》。
2. Preparation of application materials
According to the Swiss trademark registration application form, the information required by the applicant includes:
(1) Applicant
Indicate the full name of the applicant; If it is a company, please indicate the company name, address, postal code/region.
(2) Agent (vertical/inch)
Indicate the full name of the agent; If it is a company, please indicate the company name, address, postal code/region.
(3a) Contact person (Kontaktperson)
State the full name, telephone number and fax number of the contact person.
(3b) Reference number and document (reference name and file)
(4) Market
For signs with special fonts and graphic designs, black and white pictures should be pasted in the box on the right side of the application form. The maximum size of the picture is 80 x 80 mm.
Optional signs belong to: three-dimensional sign (Dreidimensionale Marke), sound sign (Akustische Marke), sign with color requirements (Marke mit Farbanspruch), color sign (Farbmarke), or fill in the sign type yourself.
(5) Cost
Write down the amount of application fee (Hinterlegungsgebühr) and category surcharge (Klassenzuschlag), and choose the payment method-pay according to the payment bill issued by IGE, or allow IGE to directly deduct money from the designated account.
(6) List of products and/or services
Trademarks are only protected in the category of products or services specified at the time of registration. Swiss trademarks are classified according to the Nice Agreement on the International Classification of Trademark Registered Products and Services, and * * * is divided into 45 categories. Applicants can use the online tool provided by IGE (Klassifikationshilfe) to help determine the trademark classification, and if they still have questions, they can consult IGE by email.
(7) Trademark category (Markenart)
The applicant can choose to use the applied trademark as an individual trademark, a trademark or a collective trademark, otherwise it will be used as an ordinary trademark by default.
(8) Priority requirements (priority? tsanspruch)
The applicant shall specify the country and date of priority according to the Paris Convention for the Protection of Industrial Property. If there is only partial priority, it is necessary to clarify which products or service categories have priority, or provide corresponding priority documents.
(9) Color requirements (Farbanspruch)
(10) Remarks (Bemerkungen)
(1 1) Attachment (Bellagen)
(12) Date and signature (Datum und Unterschrift)
For more specific requirements, please refer to the E-Danish Help provided by IGE.
Submit application
You can apply for a trademark online using the electronic trademark system provided by IGE (you can only choose German, French or Italian). The system will guide the applicant to complete the application materials step by step, including the description of the content to be filled in.
Applicants can also submit the application form to IGE by mail, fax or e-mail (tm.admin@ekomm.ipi.ch). The address of IGE in Bern is:
Eidgen？ Ssisches Institute of Natural Science
Staufahstras 65/59g
CH-3003 Berne
It should be noted that although IGE broadens the channels of electronic application, if you choose to submit a trademark application by e-mail, you must use the above address, but you cannot use other email addresses of IGE, such as info@ipi.ch on the application form. Otherwise, the application will be delayed if it is not submitted legally and effectively.
The official communication of IGE will continue to be sent by mail, but general communication without administrative procedures can still be done by email.
For more details, please refer to the terms of use of IGE to simplify the submission of electronic applications by email.
4. First trial
IGE reviews the categories of products and/or services specified in the application materials. If the applicant uses the terms in the online tool Klassifikationshilfe, it will pass the examination soon. Otherwise, IGE will spend more time to determine which categories the applied trademark is classified into.
5. Enter the database
The application materials will be stored on Swissreg, and the applicant can check the progress status of the application at any time through Swissreg.
6. Provide proof of application
IGE provides proof to the applicant to confirm that it has submitted an application for trademark registration.
7. Review of format and application materials
IGE will review the format and content of defect application materials. If there are problems, IGE will contact the applicant, and the applicant will have the opportunity to correct these problems.
8. Approval
If the application materials pass IGE examination, the logo will be registered as a Swiss national trademark and the applicant will get a registration certificate. At the same time, the application documents will be published on Swissreg. Within 3 months thereafter, a third party may object to the registration of the trademark.