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 Dossier
Art. 36 Content
1 The IPI shall maintain a dossier for each application for registration and each trade mark registration, containing the following: a. the stages of the registration procedure, any opposition proceedings and any cancellation procedures on the grounds of non-use; b. the renewal and cancellation of the registration, any international registration as well as any amendments to trade mark law; c. other amendments to the trade mark registration. 2 The regulations for a guarantee or collective mark or the regulations for a geographical mark must also be included in the dossier. 3 Official documents of evidence that disclose manufacturing or trade secrets shall be filed separately on request. This will be noted in the dossier. 4 ...
Para. 1 let. c — 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 18 Oct. 2006, in force since 1 Jan. 2007 (AS 2006 4479). Para. 4 — Inserted by No I of the O of 22 Jan. 1997 (AS 1997 865). Repealed by No I of the O of 3 Dec. 2004, with effect from 1 Jan. 2005 (AS 2004 5019).
Art. 37 Inspection of the files
1 Prior to the registration of the trade mark, the dossier may be inspected by: a. the applicant and their representative; b. persons who prove that the applicant is accusing them of infringing the applicant’s right to the filed trade mark or has warned them of such an infringement; c. other persons with the express consent of the applicant or their representative. 2 The persons named in paragraph 1 may also inspect the files relating to applications for registration that have been withdrawn or rejected. 3 Anyone may inspect the dossier after the trade mark has been entered in the Register, provided that the publication has not been deferred. 4 The IPI shall make a decision regarding the inspection of separately filed official documents of evidence (Art. 36 para. 3) following consultation with the proprietor of the trade mark. 5 On request, the files to be inspected shall be issued in the form of copies.
Para. 5 — Amended by No I of the O of 18 Oct. 2006, in force since 1 Jan. 2007 (AS 2006 4479).
Art. 38 Information on applications for registration
1 The IPI shall provide third parties with information on applications for registration including withdrawn or rejected applications. 2 The information shall be limited to: a. details which are published when a trade mark is registered; b. details of the reasons for the refusal of an application.
Para. 1 — Amended by No I of the O of 18 Oct. 2006, in force since 1 Jan. 2007 (AS 2006 4479). Para. 2 let. b — Amended by No I of the O of 2 Sept. 2015, in force since 1 Jan. 2017 (AS 2015 3649).
Art. 39 Retention of files
1 The IPI shall retain the originals or copies of the files of completely cancelled register entries for five years following the cancellation. 2 The IPI shall retain the originals or copies of the files of withdrawn, refused or fully revoked registrations (Art. 33 TmPA) for five years following the withdrawal, refusal or revocation. 3 ...
Para. 2 — 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 22 Jan. 1997 (AS 1997 865). Repealed by No I of the O of 3 Dec. 2004, with effect from 1 Jan. 2005 (AS 2004 5019).
Section 2 The Trade Mark Register
Art. 40 Register content
1 The entry of a trade mark in the Register shall include: a. the number of the registration; b. the filing date; c. the surname and first name or the company name as well as the address of the proprietor of the trade mark; d. the name and address of the representative, where applicable; e. a representation of the trade mark; f. the goods and services for which the trade mark is claimed, with an indication of the classes under the Nice Classification; g. the date of publication of the registration; h. details of the replacement of a former national registration by an international registration; i. the date of registration; k. the number of the application for registration. 2 Where applicable, the registration shall also include the following: a. an indication of the colour or colour combination claimed; b. the words «three-dimensional trade mark» or other indications which specify the particular type of trade mark; c. the words «trade mark which has acquired distinctiveness through use
Para. 1 let. f — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4829). Para. 1 let. f — SR 0.232.112.7, 0.232.112.8,0.232.112.9 Para. 1 let. h — Inserted by No I of the O of 22 Jan. 1997, in force since 1 May 1997 (AS 1997 865). Para. 1 let. i — Inserted by No I of the O of 22 Jan. 1997, in force since 1 May 1997 (AS 1997 865). Para. 1 let. k — Inserted by No I of the O of 22 Jan. 1997, in force since 1 May 1997 (AS 1997 865). Para. 2 let. b — Amended by No I of the
Art. 40a
Inserted by No I of the O of 22 Jan. 1997(AS 1997 865). Repealed by No I of the O of 3 Dec. 2004, with effect from 1 Jan. 2005 (AS 2004 5019).
Art. 41 Inspection and extracts from the Register
1 Anyone may inspect the Trade Mark Register. 2 The IPI shall issue extracts from the Trade Mark Register.
Art. 41 — Amended by No I of the O of 18 Oct. 2006, in force since 1 Jan. 2007 (AS 2006 4479). Para. 2 — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4829).
Art. 41a Priority document for Swiss first filings
The IPI will prepare a priority document for a Swiss first filing on request.
Art. 41a — Inserted by No I of the O of 25 Oct. 1995 (AS 1995 5158). Amended by No I of the O of 18 Oct. 2006, in force since 1 Jan. 2007 (AS 2006 4479).