English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Registration Procedure
Art. 8 Filing
1 A form approved by the IPI or a form from the Regulations under the Singapore Treaty on the Law of Trademarks of 27 March 2006 must be used to file the application. 2 If an application that is otherwise formally valid contains all the information required, the IPI may waive the requirement to submit the form.
Para. 1 — SR 0.232.112.11 Para. 1 — Amended by No I of the O of 18 Aug. 2021, in force since 1 Dec. 2021 (AS 2021 510). Para. 2 — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4829).
Art. 8a Conversion of an international registration into an application for registration
The filing date for an application for registration under Article 46a TmPA shall be the date of the corresponding international registration or of the extension of protection to Switzerland.
Art. 8a — Inserted by No I of the O of 22 Jan. 1997, in force since 1 May 1997 (AS 1997 865).
Art. 9 Application for registration
1 The application for registration shall include: a. the application to register the trade mark; b. the surname and first name or the company name and the address of the applicant; c. ... d. ... 2 The following must be included in the application where applicable: a. the address for service of the applicant in Switzerland; abis. in the case of two or more applicants, the designation of the recipient in accordance with Article 4 paragraph 1 and their address for service, where applicable; ater. the name and address of the representative, where applicable, and their address for service in Switzerland; b. the declaration of priority (Art. 12–14); c. an indication that it concerns a guarantee mark or a collective mark; cbis. an indication that it concerns a geographical mark; d. proof of the cancellation of the international registration and of the extension of protection to Switzerland. If priority is claimed for the cancelled international registration, no further priority document is re
Para. 1 let. c — Repealed by No I of the O of 2 Dec. 2016, with effect from 1 Jan. 2017 (AS 2016 4829). Para. 1 let. d — Repealed by No I of the O of 8 March 2002, with effect from 1 July 2002 (AS 2002 1119). Para. 2 let. a — Amended by No I of the O of 11 May 2011, in force since 1 July 2011 (AS 2011 2243). Para. 2 let. abis — Inserted by No I of the O of 11 May 2011 (AS 2011 2243). Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4829). Para. 2 let. ater — Inserted
Art. 10 Representation of the trade mark
1 The trade mark must be capable of being represented graphically. The IPI may accept other forms of representation for special types of trade mark. 2 If a colour is claimed for the trade mark, the corresponding colour or combination of colours must be specified. The IPI may additionally request the submission of coloured representations of the trade mark. 3 If it concerns a special type of trade mark, for example a three-dimensional sign, this must be stated in the application for registration.
Art. 10 — Amended by No I of the O of 8 Mar. 2002, in force since 1 July 2002 (AS 2002 1119). Para. 1 — Amended by No I of the O of 3 Dec. 2004, in force since 1 Jan. 2005 (AS 2004 5019).
Art. 11 List of goods and services
The goods and services for which the trade mark is claimed must be precisely named and the class number under the Nice Agreement of 15 June 1957 concerning the International Classification of Goods and Services (The Nice Classification) must be provided.
Art. 11 — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4829). SR 0.232.112.7, 0.232.112.8,0.232.112.9
Art. 12 Priority within the meaning of the Paris Convention
1 The declaration of priority within the meaning of the Paris Convention of 20 March 1883 for the Protection of Industrial Property shall include the following information: a. the date of the first filing; b. the country in which or for which the filing was made. 2 The priority document consists of a certificate of the first filing from the competent authority indicating the filing or registration number of the trade mark. 3 ...
Para. 1 — SR 0.232.01,0.232.02, 0.232.03,0.232.04 Para. 3 — Repealed by No I of the O of 2 Sept. 2015, with effect from 1 Jan. 2017 (AS 2015 3649).
Art. 13 Exhibition priority
1 The declaration of exhibition priority shall include: a. the exact name of the exhibition; b. an indication of the goods or services which were exhibited under the trade mark. 2 The priority document consists of a certificate from the competent authority certifying that the goods or services bearing the trade mark were exhibited and indicating the opening date of the exhibition.
Art. 14 General provisions on the declaration of priority and priority document
1 The declaration of priority must be submitted no later than 30 days after the filing of the trade mark. If the IPI requests a priority document, the applicant must submit it within six months after the filing. If the applicant does not submit the requested documents, the claim to priority shall lapse. 2 The declaration of priority may relate to multiple first filings. 3 Priority documents may also be submitted in English.
Para. 1 — Amended by No I of the O of 2 Sept. 2015, in force since 1 Jan. 2017 (AS 2015 3649).
Art. 14a Submission date for postal items
For postal items, the submission date is the date on which the item is given to the Swiss Post to be delivered to the IPI.
Art. 14a — Inserted by No I of the O of 18 Oct. 2006, in force since 1 Jan. 2007 (AS 2006 4479).
Art. 15 Examination on filing
If the filing does not meet the requirements of Article 28 paragraph 2 TmPA, the IPI may set a time limit for the applicant to complete the documentation.
Art. 16 Formal examination
1 If the filing does not fulfil the formal requirements laid down in the TmPA or in this Ordinance, the IPI shall set a time limit for the applicant to remedy the deficiency. 2 If the deficiency is not remedied within the time limit, the IPI shall refuse the application for registration in its entirety or in part. The IPI may set further time limits in exceptional cases.
Art. 17 Substantive examination
1 If there are grounds for refusal as defined in Article 30 paragraph 2 letters c–e of the TmPA, the IPI shall set a time limit for the applicant to remedy the deficiency. 2 If an application is submitted for a foreign wine denomination to be registered as a geographical mark, the IPI shall consult the Federal Office for Agriculture. It shall examine whether the particular requirements for the foreign wine denomination, laid down in the wine legislation, are fulfilled. 3 If the deficiency is not remedied within the time limit, the IPI shall refuse the application for registration in its entirety or in part. The IPI may set further time limits in exceptional cases.
Art. 17 — Amended by No I of the O of 2 Sept. 2015, in force since 1 Jan. 2017 (AS 2015 3649).
Art. 17a Further processing for missed time limits
For the further processing of an application which was refused due to failure to observe a time limit (Art. 41 TmPA), a further processing fee must be paid.
Art. 17a — Inserted by No I of the O of 25 Oct. 1995, in force since 1 Jan. 1996 (AS 1995 5158).
Art. 18 Filing fee and class surcharge
1 The applicant must pay the filing fee within the time limit set by the IPI. 2 If the list of goods or services of the filed trade mark includes more than three classes, the applicant must pay a surcharge for each additional class. The IPI shall determine the number of classes subject to a surcharge in accordance with the list of classes under the Nice Agreement. 3 The class surcharge must be paid within the time limit set by the IPI.
Art. 18 — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4829). Para. 2 — SR 0.232.112.7, 0.232.112.8,0.232.112.9
Art. 18a Accelerated examination
1 The applicant may request an accelerated examination. 2 The request shall not be considered to have been filed until the fee for an accelerated examination has been paid in addition to the filing fee.
Art. 18a — Inserted by No I of the O of 17 Sept. 1997, in force since 1 Jan. 1998 (AS 1997 2170). Para. 2 — Amended by No I of the O of 8 March 2002, in force since 1 July 2002 (AS 2002 1119).
Art. 19 Registration and publication
1 If there are no grounds for refusal, the IPI shall register the trade mark in the Trade Mark Register and publish the registration. 2 It will provide the proprietor of the trade mark with a confirmation of the registration. The confirmation shall include the information entered in the Register.
Para. 2 — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4829).
Section 2 Opposition Proceedings
Art. 20 Form and content of the opposition
The opposition must be submitted in two copies and must include: a. the surname and first name or the company name, the address of the opposing party and, if applicable, their address for service in Switzerland; b. the number of the trade mark registration or the application number of the filed trade mark on which the opposition is based; c. the number of the disputed trade mark registration as well as the name or company name of the proprietor of the trade mark; d. a declaration of the extent of the opposition to the registration; e. a short statement of reasons for the opposition.
let. a — Amended by No I of the O of 11 May 2011, in force since 1 July 2011 AS 2011 2243).
Art. 21 Address for service in Switzerland
1 If an opposing party who is required under Article 42 TmPA to indicate an address for service in Switzerland does not provide this when filing the opposition, the IPI shall set a grace period. The IPI shall also inform the opposing party that failure to comply before expiry of the grace period will result in the dismissal of the opposition. 2 A defendant who must indicate an address for service in Switzerland must provide this within the time limit set by the IPI. The IPI shall inform the defendant that they will be excluded from the proceedings if they fail to fulfil this obligation.
Art. 21 — Amended by No I of the O of 2 Sept. 2015, in force since 1 Jan. 2017 (AS 2015 3649).
Art. 22 Exchange of written submissions
1 The IPI shall bring any opposition that is not manifestly inadmissible to the attention of the defendant and shall set a time limit for response. 2 The defendant must submit two copies of the response. 3 In the defendant’s first response, the defendant must invoke any non-use of the opposing party’s trade mark in accordance with Article 12 paragraph 1 TmPA; however, this is only permitted if, at that time, an uninterrupted period of five years has elapsed following the expiry of the opposition period with no opposition having been filed, or upon conclusion of the opposition proceedings. 4 The IPI may enter into further exchanges of written submissions.
Para. 3 — Amended by No I of the O of 18 Aug. 2021, in force since 1 Dec. 2021 (AS 2021 510).
Art. 23 Multiple oppositions and suspension of proceedings
1 If multiple oppositions are submitted against the same trade mark registration, the IPI shall bring the oppositions to the attention of all opposing parties. It may combine the handling of the oppositions in one procedure. 2 If the IPI deems it necessary, it may first examine one of the multiple oppositions, make a decision on it and suspend the other opposition proceedings. 3 Where the opposition is based on the filing of a trade mark application, the IPI may suspend opposition proceedings until the trade mark is registered. 4 The IPI may suspend opposition proceedings if the decision on the opposition depends on the outcome of cancellation proceedings on the grounds of non-use, civil proceedings or other proceedings.
Art. 23 — Amended by No I of the O of 2 Sept. 2015, in force since 1 Jan. 2017 (AS 2015 3649). Para. 2 — Amended by No I of the O of 2 Sept. 2015, in force since 1 Jan. 2017 (AS 2015 3649). Para. 3 — Amended by No I of the O of 2 Sept. 2015, in force since 1 Jan. 2017 (AS 2015 3649). Para. 4 — Inserted by No I of the O of 2 Sept. 2015, in force since 1 Jan. 2017 (AS 2015 3649).
Art. 24 Reimbursement of the opposition fee
1 If an opposition is not submitted within the time limit or if the opposition fee is not paid on time, the opposition shall be considered not to have been filed. No costs shall be incurred; any opposition fee that has already been paid shall be reimbursed. 2 If a proceeding becomes groundless or is settled or withdrawn, half of the opposition fee shall be reimbursed.
Art. 24 — Amended by No I of the O of 14 March 2008, in force since 1 July 2008 (AS 2008 1893).
Section 2a Procedure for Cancelling a Trade Mark R
Inserted by No I of the O of 2 Sept. 2015, in force since 1 Jan. 2017 (AS 2015 3649).
Art. 24a Form and content of the request
The request for cancellation of a trade mark registration on the grounds of non-use of the trade mark must be submitted in two copies and must include: a. the surname and first name or the company name, the address of the applicant and, where applicable, their address for service in Switzerland; b. the number of the trade mark registration for which a cancellation is requested, as well as the name or company of the proprietor of the trade mark; c. a declaration of the extent of the cancellation; d. an explanation of the request for cancellation which, in particular, substantiates the claim of non-use; e. evidence.
Art. 24b Address for service in Switzerland
1 If an applicant who is required under Article 42 TmPA to indicate an address for service in Switzerland does not provide this when filing the request, the IPI shall grant a grace period. The IPI shall also inform the applicant that failure to comply before expiry of the grace period will result in dismissal of the request. 2 A defendant who must indicate an address for service in Switzerland must provide this within the time limit set by the IPI. The IPI shall inform the defendant that the defendant will be excluded from the proceedings if the defendant fails to fulfil this obligation.
Art. 24c Exchange of written submissions
1 The IPI shall bring any request for cancellation that is not manifestly inadmissible to the attention of the defendant and shall set a time limit for response. 2 The defendant must submit two copies of the response. 3 In their response, the defendant must substantiate, in particular, the use of the trade mark or proper reasons for its non-use. 4 The IPI shall enter into further exchanges of written submissions where justified by the circumstances.
Art. 24d Multiple requests and suspension of proceedings
1 Article 23 paragraphs 1 and 2 shall apply mutatis mutandis for the cancellation of a trade mark registration on the grounds of non-use of the trade mark. 2 The IPI may suspend proceedings if the decision on the cancellation depends on the outcome of civil proceedings or other proceedings.
Art. 24e Reimbursement of the cancellation fee
1 If the request for cancellation is submitted before the expiry of the time limit under Article 35a paragraph 2 TmPA and Article 50a of this Ordinance or if the cancellation fee is not paid on time, the request shall be considered not to have been filed. No charges shall be incurred; any cancellation fee that has already been paid shall be reimbursed. 2 If a proceeding becomes groundless or is settled or withdrawn, half of the cancellation fee shall be reimbursed. If the requirements under Article 33b of the Federal Act on Administrative Procedure of 20 December 1968 (APA) are fulfilled, the fee shall be fully reimbursed.
Para. 2 — SR 172.021 Para. 2 — Amended by No I of the O of 18 Aug. 2021, in force since 1 Dec. 2021 (AS 2021 510).
Section 3 Renewal of the Trade Mark Registration
Art. 25 Notification of expiry of the term of validity
Before the term of validity expires, the IPI may remind the right holder entered in the Register, or their representative, about the date of expiry and the possibility of renewal. The IPI may also send such notifications abroad.
Art. 25 — Amended by No I of the O of 18 Oct. 2006, in force since 1 Jan. 2007 (AS 2006 4479).
Art. 26 Procedure
1 The application for renewal of a trade mark registration may be submitted, at the earliest, twelve months prior to the expiry of the term of validity. 2 The renewal takes effect on expiry of the previous term of validity. 3 The IPI shall provide the proprietor of the trade mark with a confirmation of the renewal of the registration. 4 The renewal fee must be paid within the time limits under Article 10 paragraph 3 TmPA. 5 If the renewal fee is paid after the expiry of the term of validity, a surcharge must be paid.
Art. 26 — Amended by No I of the O of 8 March 2002, in force since 1 July 2002 (AS 2002 1119). Para. 1 — Amended by No I of the O of 8 March 2002, in force since 1 July 2002 (AS 2002 1119). Para. 3 — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4829). Para. 4 — Inserted by No I of the O of 25 Oct. 1995 (AS 1995 5158). Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4829). Para. 5 — Inserted by No I of the O of 25 Oct. 1995 (AS 1995 515
Art. 27 Reimbursement of the renewal fee
If an application for renewal has been submitted and it does not result in the renewal of the registration, the renewal fee shall be reimbursed.
Art. 27 — Amended by No I of the O of 14 March 2008, in force since 1 July 2008 (AS 2008 1891).
Section 4 Amendments to the Trade Mark Registratio
Art. 28 Assignment
1 The request for registration of the assignment must be made by the former proprietor of the trade mark or the acquirer and must include: a. an express declaration by the former proprietor or another satisfactory document stating that the trade mark has been transferred to the acquirer; b. the surname and first name or company name, the address of the acquirer and, where applicable, their address for service in Switzerland; c. in the case of partial assignment, an indication of the goods or services for which the trade mark has been assigned. 2 ...
Para. 1 let. b — Amended by No I of the O of 11 May 2011, in force since 1 July 2011 (AS 2011 2243). Para. 2 — Repealed by No I of the O of 2 Dec. 2016, with effect from 1 Jan. 2017 (AS 2016 4829).
Art. 29 Licensing
1 The request for the registration of a licence must be made by the proprietor of the trade mark or by the licensee and must include: a. an express declaration by the proprietor of the trade mark or another satisfactory document stating that the proprietor authorises the licensee to use the trade mark; b. the surname and first name or company name as well as the address of the licensee; c. the request that the licence be registered as an exclusive licence where applicable; d. in the case of a partial licence, an indication of the goods and services or the territory for which the licence is granted. 2 For the registration of a sub-licence, paragraph 1 applies. In addition, it must be proven that the licensee is authorised to grant sub-licences. 3 As long as an exclusive licence is entered in the Register, no other licences that are incompatible with the exclusive licence shall be entered in the Register for the same trade mark.
Para. 3 — Inserted by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4829).
Art. 30 Other amendments to the trade mark registration
On the basis of an appropriate declaration by the proprietor of the trade mark or another satisfactory document, the IPI shall register: a. the usufruct of the trade mark and pledging of the trade mark; b. restrictions on powers of disposal ordered by courts and compulsory enforcement authorities; c. amendments concerning registered information.
Art. 31 Cancellation of third party rights
On the request of the proprietor of the trade mark, the IPI shall cancel a right registered in favour of a third party if an express waiver by the holder of this right or another satisfactory document is presented.
Art. 32 Rectifications
1 Incorrect register entries shall be rectified without delay at the request of the trade mark proprietor. 2 If the error results from an oversight by the IPI, it shall be rectified ex officio.
Art. 33 and 34
Repealed by No I of the O of 18 Oct. 2006, with effect from 1 Jan. 2007 (AS 2006 4479).
Section 5 Cancellation of the Trade Mark Registrat
Art. 35
Partial or full cancellation of the trade mark registration is free of charge. Cancellation on the grounds of non-use is not free of charge.
Art. 35 — Amended by No I of the O of 2 Sept. 2015, in force since 1 Jan. 2017 (AS 2015 3649).