English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 1 Responsibility
1 The Swiss Federal Institute of Intellectual Property (IPI) is responsible for carrying out the administrative duties stipulated in the TmPA and for implementing this Ordinance. 2 Excluded from this are Articles 70–72 TmPA and Articles 54–57 of this Ordinance. The Federal Office for Customs and Border Security (FOCBS) is responsible for their implementation.
Para. 1 — The name of this administrative unit was amended in application of Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (AS 2004 4937). This amendment has been made throughout the text. Para. 1 — Amended by No I of the O of 25 Oct. 1995, in force since 1 Jan. 1996 (AS 1995 5158). Para. 2 — The name of this administrative unit was amended in application of Art. 20 para. 2 of the Publications Ordinance of 7 Oct. 2015 (SR 170.512.1) on 1 Jan. 2022 (AS 2021 589). This amendment ha
Art. 2 Calculation of time limits
If a time limit is calculated in months or years, it shall end in the final month on the same date of the month as the date on which it started. If there is no such date, the time limit ends on the final day of the final month.
Art. 2 — Amended by No I of the O of 8 March 2002, in force since 1 July 2002 (AS 2002 1119).
Art. 3 Language
1 Submissions to the IPI must be written in an official language of the Confederation. The foregoing is without prejudice to Articles 47 paragraph 3 and 52p paragraph 3. 2 Where official documents of evidence are not written in an official language, the IPI may request a translation and a certificate confirming its accuracy; the foregoing is without prejudice to Article 14 paragraph 3. If the translation or certificate is not submitted despite being requested, the document of evidence will not be taken into account.
Para. 1 — Amended by No I of the O of 18 Aug. 2021, in force since 1 Dec. 2021 (AS 2021 510).
Art. 4 Several applicants or proprietors of a trade mark
1 Where several persons apply to register a trade mark or hold the right to a trade mark, they must either designate one of them to whom the IPI may send all communications with effect for all of them, or they must appoint a joint representative. 2 If neither of these conditions have been met, the IPI shall designate a recipient in accordance with paragraph 1. If one of the other persons objects, the IPI shall request that all parties act in accordance with paragraph 1. 3 Paragraphs 1 and 2 also apply to applications for international registration in accordance with Articles 50d und 50e TmPA.
Art. 4 — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4829). Para. 3 — Inserted by No I of the O of 18 Aug. 2021, in force since 1 Dec. 2021 (AS 2021 510).
Art. 4a Substitution of a party
If the contested intellectual property right is transferred during the course of pending proceedings, Article 83 of the Civil Procedure Code applies by analogy.
Art. 4a — Inserted by No I of the O of 18 Aug. 2021, in force since 1 Dec. 2021 (AS 2021 510). SR 272
Art. 5 Power of attorney
1 If an applicant or proprietor is represented before the IPI, the IPI may request a written power of attorney. 2 Any person who has been authorised by the applicant or proprietor to submit declarations provided for in the TmPA or in this Ordinance to the IPI and to receive communications from the IPI on their behalf shall be entered in the Register as a representative in accordance with Article 40. If the IPI is not explicitly notified of any restriction to the power of attorney, it is deemed comprehensive.
Art. 5 — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4829).
Art. 6 Signature
1 Submissions must be signed. 2 If a valid signature is missing from a submission, the original date on which it was submitted shall be recognised provided that a signed submission identical in content is subsequently submitted within one month of a request from the IPI. 3 The application for registration does not have to be signed. The IPI may designate other documents that do not require a signature.
Art. 6 — Amended by No I of the O of 8 March 2002, in force since 1 July 2002 (AS 2002 1119).
Art. 6a Proof
1 The IPI may request proof where it has reasonable doubt concerning the accuracy of a submission. 2 The IPI shall disclose the reasons for its doubt, provide an opportunity to respond, and set a time limit for the submission of proof.
Art. 6a — Inserted by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4829).
Art. 7 Fees
For fees which must be paid in accordance with the TmPA or this Ordinance, the IPI Fee Ordinance of 14 June 2016 (IPI-FeeO) applies.
Art. 7 — Amended by No I 3 of the O of 14 May 2025 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 376). SR 232.148
Art. 7a Electronic communication
1 The IPI may authorise electronic communication. 2 It shall determine the technical details and publish them in an appropriate manner.
Art. 7a — Inserted by No I of the O of 22 Jan. 1997, in force since 1 May 1997 (AS 1997 865). Para. 2 — Inserted by No II of the O of 31 March 1999, in force since 1 May 1999 (AS 1999 1443).