Amended by No I of the O of 22 Jan. 1997, in force since 1 May 1997 (AS 1997 865).
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 Application for International Registrati
Art. 47 Filing the application
1 The application for international registration of a trade mark or of an application for registration must be submitted to the IPI if Switzerland is the country of origin as defined in Article 1 paragraph 3 of the Madrid Agreement of 14 July 1967 concerning the International Registration of Marks (Madrid Agreement) or as defined in Article 2 paragraph 1 of the Protocol of 27 June 1989 relating to the Madrid Agreement concerning the International Registration of Marks (Madrid Protocol). 2 Either a form from the International Bureau of the World Intellectual Property Organization (WIPO) or a form approved by the IPI must be used to file the application. 2bis If an application that is otherwise formally valid contains all the information required, the IPI may waive the requirement to submit the form. 3 The IPI shall determine the language in which the goods and services for which the trade mark or the application for registration is claimed must be indicated. 4 The national fee (Article
Para. 1 — SR 0.232.112.3 Para. 1 — SR 0.232.112.4 Para. 1 — Amended by No I of the O of 22 Jan. 1997, in force since 1 May 1997 (AS 1997 865). Para. 2 — Amended by No I of the O of 18 Aug. 2021, in force since 1 Dec. 2021 (AS 2021 510). Para. 2bis — Inserted by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4829). Para. 3 — Amended by No I of the O of 22 Jan. 1997, in force since 1 May 1997 (AS 1997 865). Para. 4 — Amended by No I of the O of 22 Jan. 1997, in force since 1 May
Art. 48 Examination by the IPI
1 If an application filed with the IPI does not fulfil the formal requirements of the TmPA, this Ordinance or the Common Regulations to the Madrid Agreement of 18 January 1996 and the Madrid Protocol, or if the prescribed fees are not paid, the IPI shall set the applicant a time limit to remedy the deficiency. 2 If the applicant does not remedy the deficiency within the time limit, the IPI shall refuse the application. The IPI may set further time limits in exceptional cases.
Para. 1 — SR 0.232.112.21 Para. 1 — Amended by No I of the O of 22 Jan. 1997, in force since 1 May 1997 (AS 1997 865).
Art. 49 Dossier
1 The IPI shall maintain a dossier for each internationally registered trade mark with Switzerland as the country of origin. 2 ...
Para. 2 — 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 Effect of International Registration in
Art. 50 Opposition proceedings
1 In the case of an opposition to an international registration, the opposition period under Article 31 paragraph 2 TmPA shall begin on the first day of the month following the month of publication in the organ of publication of the International Bureau of WIPO. 2 The IPI shall maintain a dossier in which the stages of the opposition proceedings are recorded. 3 ...
Para. 1 — Amended by No I of the O of 18 Aug. 2021, in force since 1 Dec. 2021 (AS 2021 510). 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).
Art. 50a Procedure for cancellation of an international registration on the grounds of non-use
The request for cancellation of an international registration on the grounds of non-use may be filed at the earliest: a. if a notification of a provisional refusal of protection has been issued: five years after the conclusion of the procedure for the grant of protection in Switzerland; b. if no refusal of protection has been issued: five years after expiry of the time limit for notification of the refusal of protection or five years following the statement of grant of protection.
Art. 50a — Inserted by No I of the O of 2 Sept. 2015, in force since 1 Jan. 2017 (AS 2015 3649).
Art. 51 Suspension of the decision
1 If the opposition is based on an international registration which is the subject of a provisional refusal of protection by the IPI, the IPI may suspend the decision on the opposition until a final decision on the refusal of protection has been taken. 2 If the international registration lapses and a conversion into a national application for registration is possible in accordance with Article 46a TmPA, the IPI may suspend the decision on the opposition until the conversion has taken place.
Para. 2 — Inserted by No I of the O of 22 Jan. 1997, in force since 1 May 1997 (AS 1997 865).
Art. 52 Refusal of protection and invalidation
1 The following applies for internationally registered trade marks: a. the refusal of protection shall replace the refusal of an application for registration under Article 30 paragraph 2 letters a and c–e TmPA and the revocation of the registration under Article 33 TmPA; b. the invalidation shall replace the cancellation of the registration under Article 35 letters c–e TmPA. 2 The IPI shall not publish the refusal of protection nor the invalidation.
Art. 52 — Amended by No I of the O of 2 Sept. 2015, in force since 1 Jan. 2017 (AS 2015 3649).