Trade Mark Protection Act (TmPA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Chapter 1 General Provisions
Section 1 Trade Mark Protection
Art. 1 Definition
1 A trade mark is a sign capable of distinguishing the goods or services of one undertaking from those of other undertakings. 2 Trade marks may, in particular, be words, letters, numerals, figurative representations, three-dimensional shapes or combinations of such elements with each other or with colours.
Art. 2 Absolute grounds for refusal
Excluded from trade mark protection are: a. signs that are in the public domain, except where they have become established as a trade mark through use for the goods or services for which they are being claimed. b. shapes that constitute the nature of the goods themselves or shapes of the goods or their packaging that are technically necessary. c. misleading signs; d. signs contrary to public policy, morality or applicable law.
Art. 3 Relative grounds for refusal
1 Also excluded from trade mark protection are signs that are: a. identical to an earlier trade mark and are intended for the same goods or services; b. identical to an earlier trade mark and intended for similar goods or services such that a likelihood of confusion results. c. similar to an earlier trade mark and intended for the same or similar goods or services such that a likelihood of confusion results. 2 An earlier trade mark is: a. a filed or registered trade mark that gives rise to a right of priority under this Act (Art. 6-8). b. a trade mark that is well known in Switzerland within the meaning of Article 6bis of the Paris Convention for the Protection of Industrial Property of 20 March 1883 (Paris Convention) at the time of filing the sign referred to in paragraph 1. 3 The grounds for refusal under this Article may only be invoked by the proprietor of the earlier trade mark.
Para. 2 let. b — SR 0.232.01, 0.232.02, 0.232.03, 0.232.04
Art. 4 Registration in favour of the authorised user
Trade marks registered in the name of agents, representatives or other authorised users without the consent of the proprietor, or trade marks which remain entered in the Register after the withdrawal of such consent, are also not protected.
Section 2 Establishment of a Trade Mark Right; Pri
Art. 5 Establishment of a trade mark right
A trade mark right is established on entry in the Register.
Art. 6 Right of Priority
A trade mark right belongs to the person who first files the trade mark.
Art. 7 Priority under the Paris Convention
1 Where a trade mark is first duly filed in another Member State of the Paris Convention or with effect in such a Member State, the applicant or successor in title may claim the date of the first filing for the filing of the same trade mark in Switzerland, provided the filing in Switzerland takes place within six months of the date of the first filing. 2 The first filing in a state that grants reciprocity to Switzerland has the same effect as the first filing in a Member State of the Paris Convention.
Para. 1 — SR 0.232.01, 0.232.02, 0.232.03, 0.232.04
Art. 8 Exhibition priority
Any person who exhibits goods or services bearing a trade mark at an official or officially recognised exhibition under the Convention of 22 November 1928 Relating to International Exhibitions in a Member State of the Paris Convention, may claim the opening date of the exhibition for filing the application provided that the trade mark is filed within six months of this date.
SR 0.945.11 SR 0.232.01, 0.232.02, 0.232.03, 0.232.04
Art. 9 Declaration of priority
1 Any person who claims priority under the Paris Convention or exhibition priority must file a declaration of priority with the Swiss Federal Institute of Intellectual Property (IPI). The IPI may require the submission of a priority document. 2 The claim is forfeited if the time limits and formal requirements laid down by the Ordinance are not complied with. 3 Registration of priority is merely a presumption in favour of the proprietor of the trade mark.
Para. 1 — SR 0.232.01, 0.232.02, 0.232.03, 0.232.04 Para. 1 — Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533).
Section 3 Existence of a Trade Mark Right
Art. 10 Term of validity and renewal of registration
1 A registration is valid for 10 years from the date of filing the application. 2 A registration will be renewed for further periods of ten years if an application for renewal is submitted and the fees as set out in the Ordinance are paid. 3 The application for renewal must be submitted to the IPI within the last 12 months prior to the expiry of the term of validity, but not later than six months after its expiry. 4 ...
Para. 2 — Amended by Annex No 2 of the FA of 24 March 1995 on the Statue and Tasks of the Swiss Federal Institute of Intellectual Property, in force since 1 Jan. 1996 (AS 1995 5050; BBl 1994 III 964). Para. 3 — Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Para. 4 — Repealed by Annex No 2 of the FA of 24 March 1995 on the Status und Tasks of the Swiss Federal Institute of Intellectual Property, with effect from 1 Jan. 1996 (AS 1995 5050; BBl
Art. 11 Use of the trade mark
1 A trade mark is protected if it is used in relation to the goods or services for which it is claimed. 2 Use in a manner not significantly different from the registered trade mark and use for export purposes also constitute use of the trade mark. 3 Use of the trade mark with the consent of the proprietor is considered to be use by the proprietor himself.
Art. 12 Consequences of non-use
1 Where the proprietor has not used the trade mark in relation to the goods or services for which it is claimed for an uninterrupted period of five years following the expiry of the opposition period with no opposition having been filed or upon conclusion of opposition proceedings, he may no longer assert his right to the trade mark, unless there are proper reasons for non-use. 2 If use of the trade mark is commenced or resumed after more than five years, the right to the trade mark is restored with effect from the original priority date, unless non-use of the trade mark has been invoked under paragraph 1 prior to its commencement or resumption of use. 3 Any person who invokes non-use of a trade mark is required to substantiate his claim; evidence of use is required to be provided by the proprietor of the trade mark.
Section 4 Rights Conferred by a Registered Trade M
Art. 13 Exclusive right
1 A trade mark right confers on the proprietor the exclusive right to use the trade mark to identify the goods or services for which it is claimed and to dispose of it. 2 The proprietor of a trade mark may prohibit others from using a sign that is excluded from trade mark protection under Article 3 paragraph 1, in particular, from: a. affixing the sign to goods or their packaging; b. offering goods, placing them on the market or storing them for such purposes under the sign; c. offering or providing services under the sign; d. importing, exporting or carrying in transit goods under the sign; e. using the sign on business papers, in advertising, or otherwise in the course of trade. 2bis The proprietor of the trade mark may also assert the rights under paragraph 2 letter d if the import, export or transit of commercially manufactured goods is carried out for private purposes. 3 The proprietor of the trade mark may also assert the rights under this Article against authorised users in term
Para. 2 let. d — Amended by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 2bis — Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 3 — Amended by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 14 Limitation concerning previously used signs
1 The proprietor of a trade mark may not prohibit another person from continuing to use a sign to the same extent as already previously used prior to the filing of the application. 2 This right to continued use may only be assigned together with the undertaking.
Art. 15 Famous trade marks
1 The proprietor of a famous trade mark may prohibit others from using his trade mark for any type of goods or services if such use threatens the distinctiveness of the trade mark or exploits or damages its reputation. 2 Rights acquired before the trade mark became famous remain unaffected.
Art. 16 Reproduction of trade marks in dictionaries and other reference works
Where a registered trade mark is reproduced in a dictionary, in another reference work or in a similar work without reference to its registration, the proprietor of the trade mark may require that the publisher, editor or distributor of the work include a corresponding reference, at the latest in a reprint.
Section 5 Modifications concerning Trade Mark Righ
Art. 17 Assignment
1 The proprietor may assign his trade mark in whole or in part for the goods or services for which it has been claimed. 2 The assignment is only valid if evidenced in writing. It is only effective in relation to third parties who are acting in good faith once it has been entered in the Register. 3 Actions under this Act may be brought against the previous proprietor up to the entry of the assignment in the Register. 4 Unless otherwise agreed, the assignment of an undertaking also includes the assignment of its trade marks.
Art. 17a Division of an application or registration
1 The proprietor of a trade mark may at any time request the division of a registration or an application for registration. 2 The goods and services are divided between the divisional applications or divisional registrations. 3 Divisional applications or registrations retain the filing date and priority date of the original application or original registration.
Art. 17a — Inserted by No I of the FA of 4 Oct. 1996, in force since 1 May 1997 (AS 1997 1028; BBl 1996 II 1425). Para. 1 — Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533).
Art. 18 Licencing
1 The proprietor of a trade mark may permit others to use the trade mark for the goods or services for which it is claimed, in whole or in part, and for the whole territory or a part of Switzerland only. 2 The licence shall be entered in the Register at the request of one of the parties. It then becomes binding on any rights to the trade mark subsequently acquired.
Art. 19 Usufruct and pledge; compulsory enforcement
1 A trade mark may be subject to usufruct, pledge or compulsory enforcement measures. 2 Usufruct and pledges only have effect against third parties acting in good faith if they are entered in the Register.
Section 6 International Treaties
Art. 20
1 ... 2 Where international treaties binding on Switzerland grant more extensive rights than this Act, such rights also apply to Swiss nationals.
Para. 1 — Repealed by No II 11 of the FA of 20 March 2008 on the Formal Revision of Federal Legislation, with effect from 1 Aug. 2008 (AS 2008 3437; BBl 2007 6121).
Chapter 2 Guarantee Marks and Collective Marks
Art. 21 Guarantee marks
1 A guarantee mark is a sign that is used by several undertakings under the supervision of the proprietor of the mark and which serves to guarantee the quality, geographical origin, the method of manufacture or other characteristics common to goods or services of such undertakings. 2 A guarantee mark may not be used for goods or services of the proprietor of the mark or of an undertaking with which he has close economic ties. 3 In return for equitable remuneration, the proprietor of the guarantee mark must allow any person to use it for goods or services that possess the common characteristics guaranteed under the regulations governing the use of the mark.
Art. 22 Collective marks
A collective mark is a sign of an association of manufacturing, trading or service undertakings which serves to distinguish the goods or services of the members of the association from those of other undertakings.
Art. 23 Regulations governing the use of guarantee/collective marks
1 The applicant of a guarantee or collective mark must file regulations governing the use of the mark with the IPI. 2 The regulations for guarantee marks shall designate the common characteristics of the goods or services which the mark is intended to guarantee; they shall also provide for an effective control of the use of the mark and for appropriate sanctions. 3 The regulations for collective marks shall designate those undertakings that are entitled to use the mark. 4 The regulations may not be contrary to public policy, morality or applicable law.
Para. 1 — Term in accordance with No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Account has been taken of this term throughout the text of this Act.
Art. 24 Approval of the regulations
The regulations must be approved by the IPI. Approval will be granted if the requirements under Article 23 are fulfilled.
Art. 25 Unlawful regulations
Where the regulations do not fulfil or no longer fulfil the requirements of Article 23 and the proprietor of the mark does not remedy the situation within the time limit determined by the court, the registration of the mark becomes null and void on expiry of this time limit.
Art. 26 Use in contravention of the regulations
Where the proprietor of the mark tolerates repeated use of a guarantee or collective mark that infringes the main provisions of the regulations and he does not remedy the situation within the time limit determined by the court, the registration of the mark becomes null and void on expiry of this time limit.
Art. 27 Assignment and licencing
The assignment of a guarantee or collective mark and the grant of licences with respect to collective marks are only valid if entered in the Register.
Chapter 2a Geographical Marks
Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533).
Art. 27a Subject matter
By way of derogation from Article 2 letter a, a geographical mark may be registered for: a. an appellation of origin or a geographical indication registered under Article 16 of the Agriculture Act of 29 April 1998 (AgricA), or a geographical indication registered under Article 50b of this Act; b. an appellation d’origine contrôlée protected under Article 63 AgricA or a foreign wine denomination which meets the requirements of Article 63 AgricA; c. an indication of source that is the subject matter of a Federal Council ordinance under Article 50 paragraph 2, or a foreign indication of source that is based on an equivalent foreign regulation.
let. a — Amended by Annex of FD of 19 March 2021 on the Approval of the Geneva Act of the Lisbon Agreement for the Protection of Appellations of Origin and Geographical Indications and on its implementation, in force since 1 Dec. 2021 (AS 2021 742; BBl 2020 5827). let. a — SR 910.1
Art. 27b Entitlement to apply for registration
The registration of a geographical mark may be requested by: a. the group that has obtained the registration of the appellation of origin or the geographical indication, or where such group no longer exists, the representative group dealing with the protection of this appellation of origin or geographical indication; b. the Swiss canton that protects the appellation d’origine contrôlée or the foreign authority responsible for the regulation of wine denominations corresponding to Article 63 AgricA, as well as the group that obtained the protection of such a foreign wine denomination; c. the umbrella organisation of an economic sector for which the Federal Council has enacted an ordinance based on Article 50 paragraph 2 or which acts on the basis of on an equivalent foreign regulation.
let. b — SR 910.1
Art. 27c Trade mark regulations
1 The applicant for a geographical mark must file regulations governing the use of the mark with the IPI. 2 The regulations must correspond to the product specification or the applicable provisions; they may not provide for remuneration in exchange for use of the geographical mark.
Art. 27d Rights
1 A geographical mark may be used by any person provided that the requirements of the regulations are fulfilled. 2 The proprietor of a geographical mark may prohibit others from using the mark in the course of trade for identical or comparable goods where such use contravenes the regulations.
Art. 27e Non-applicable provisions
1 By way of derogation from Articles 17 and 18, a geographical mark may not be transferred or licensed. 2 By way of derogation from Article 31, the proprietor of a geographical mark may not oppose the registration of a trade mark. 3 The provisions governing the use of the trade mark and consequences of non-use under Articles 11 and 12 do not apply.
Chapter 3 Registration of Trade Marks
Section 1 Registration Procedure
Art. 28 Filing
1 Any person may file a trade mark application. 2 When filing an application with the IPI, the following must be submitted: a. an application for registration with details of the name or company name of the applicant; b. a representation of the trade mark; c. a list of goods or services for which the trade mark is to be claimed. 3 When filing an application, the relevant fees prescribed in the Ordinance must be paid. 4 ...
Para. 3 — Amended by Annex No 2 of the FA of 24 March 1995 on the Status and Tasks of the Swiss Federal Institute of Intellectual Property, in force since 1 Jan. 1996 (AS 1995 5050; BBl 1994 III 964). Para. 4 — Repealed by Annex No 2 of the FA of 24 March 1995 on the Status und Tasks of the Swiss Federal Institute of Intellectual Property 1996, with effect from 1 Jan. 1996 (AS 1995 5050; BBl 1994 III 964).
Art. 29 Date of filing
1 A trade mark is considered to have been filed once the documents referred to in Article 28 paragraph 2 have been submitted. 2 If, after filing an application, a trade mark is replaced or essential elements of it are modified or if the list of goods or services is extended, then the date of filing is considered to be the day on which those modifications were submitted.
Art. 30 Decision and registration
1 The IPI shall dismiss an application for registration if it does not fulfil the requirements of Article 28 paragraph 2. 2 It shall reject the application for registration if: a. it does not fulfil the formal requirements laid down in this Act or in the Ordinance; b. the prescribed fees have not been paid; c. absolute grounds for refusal exist; d. the guarantee or collective mark does not fulfil the requirements of Articles 21–23. e. the geographical mark does not fulfil the requirements of Articles 27a –27c. 3 It shall register the trade mark if no grounds for refusal exist.
Para. 2 let. e — Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533).
Section 2 Opposition Proceedings
Art. 31 Opposition
1 The proprietor of an earlier trade mark may file an opposition to a registration on the basis of Article 3 paragraph 1. 1bis He may not file an opposition to a registration of a geographical mark. 2 The opposition must be submitted in writing to the IPI with a statement of reasons within three months of publication of the registration. The opposition fee must also be paid within this time limit.
Para. 1bis — Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533).
Art. 32 Providing prima facie evidence of use
If the defendant claims non-use of the earlier mark under Article 12 paragraph 1, the opposing party must provide prima facie evidence of the use of his trade mark or proper reasons for non-use.
Art. 33 Decision on opposition
If the opposition is justified, the registration shall be revoked in whole or in part; if this is not the case, the opposition shall be rejected.
Art. 34 Costs
With its decision on the opposition, the IPI shall determine whether and to what extent the costs of the successful party shall be compensated by the unsuccessful party.
Section 3 Cancellation of the Registration
Art. 35 Requirements
The IPI shall cancel a trade mark registration in whole or in part if: a. the proprietor requests the cancellation; b. the registration has not been renewed; c. the registration has been declared null and void in a final court decision; d. the protected appellation of origin or the protected geographical indication on which the geographical mark is based is cancelled; e. a request for cancellation is approved.
Art. 35 — Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). let. d — Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). let. e — Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533).
Art. 35a Request
1 Any person may file a request for cancellation of the trade mark with the IPI on the grounds of non-use in accordance with Article 12 paragraph 1. 2 The request may be filed at the earliest: a. if no opposition has been filed: five years following the expiry of the opposition period; b. in the event of opposition proceedings: five years after the conclusion of opposition proceedings. 3 The request is deemed to have been filed as soon as the appropriate fee has been paid.
Art. 35a — Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533).
Art. 35b Decision
1 The IPI shall reject the request, if: a. the applicant fails to show credible non-use of the trade mark; or b. the proprietor of the trade mark shows credible use of the trade mark or proper reasons for its non-use. 2 Where credible non-use is shown for only some of the goods or services claimed, the IPI shall approve the request only to the extent thereof. 3 With the decision on the request, the IPI shall determine whether and to what extent the costs of the successful party shall be reimbursed by the unsuccessful party.
Art. 35b — Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533).
Art. 35c Procedure
The Federal Council shall enact rules governing the details of this procedure.
Art. 35c — Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533).
Section 4 ...
Art. 36
Repealed by Annex No 21 of the Federal Administrative Court Act of 17 June 2005, with effect from 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202).
Section 5 Register, Publications and Electronic Ad
Amended by Annex No 4 of the FA of 19 Dec. 2003 on Electronic Signatures, in force since 1 Jan. 2005 (AS 2004 5085; BBl 2001 5679).
Art. 37 Maintenance of the Register
The IPI shall maintain the Trade Mark Register.
Art. 38 Publications
1 The IPI shall publish: a. the registration of trade marks (Art. 30 para. 3); b. the renewal of trade mark registrations (Art. 10 para. 2); c. the revocation of trade mark registrations (Art. 33); d. the cancellation of trade mark registrations (Art. 35); 2 The Federal Council shall determine which additional entries in the Register are to be published. 3 The IPI shall determine the organ of publication.
Para. 3 — Amended by Annex No II 3 of the Designs Act of 5 Oct. 2001, in force since 1 July 2002 (AS 2002 1456; BBl 2000 2729).
Art. 39 Access to the Register; inspection of the files
1 Any person may inspect the Register, obtain information on its contents and request extracts from it. 2 In addition, any person may inspect the files of a registered trade mark. 3 The Federal Council shall regulate the cases in which inspection of the dossier is permitted prior to the registration of a trade mark.
Art. 40 Electronic administrative communication
1 The Federal Council may authorise the IPI to regulate electronic communication in accordance with the general provisions on the administration of federal justice. 2 The dossier and the files may be maintained and stored in electronic form. 3 The Trade Mark Register may be maintained in electronic form. 4 The IPI may make its database accessible, particularly online, to third parties; it may demand remuneration for this service. 5 The IPI’s publications may be produced in electronic form; the electronic version, however, is only authoritative if the data is exclusively published in electronic form.
Art. 40 — Amended by Annex No 4 of the FA of 19 Dec. 2003 on Electronic Signatures, in force since 1 Jan. 2005 (AS 2004 5085, BBl 2001 5679).
Section 6 Further Processing for Missed Time Limit
Art. 41
1 If the applicant or the rights holder fails to observe a time limit required by the IPI, he may file a request with the latter for further processing. Article 24 paragraph 1 of the Federal Act of 20 December 1968 on Administrative Procedure remains reserved. 2 The request must be filed within two months of the applicant receiving notice of the expiry of the time limit, and at the latest within six months of expiry of the said time limit; within this time limit, the omitted act must be carried out in full and the fees as set out in the Ordinance paid. 3 If the request is approved, this will have the effect of restoring the situation that would have resulted from carrying out the act within the time limit. 4 Further processing is ruled out in the case of failure to observe: a. time limits for filing a request for further processing (para. 2); b. time limits for claiming priority under Articles 7 and 8; c. the time limit for filing opposition under Article 31 paragraph 2; d. the time li
Para. 1 — SR 172.021 Para. 1 — Amended by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 2 — Amended by Annex No 2 of the FA of 24 March 1995 on the Status and Tasks of the Swiss Federal Institute of Intellectual Property, in force since 1 Jan. 1996 (AS 1995 5050; BBl 1994 III 964). Para. 4 let. d — Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 I). Para. 4 let. e — Inserted by No I of the F
Section 7 Representation
Art. 42
Any person who is party to an administrative procedure under this Act but is not domiciled or does not have a registered office in Switzerland must designate an address for service in Switzerland unless international law or the competent foreign body permits the authority to serve documents directly in the state concerned. 2 The IPI is entitled to declare to the competent foreign body that direct service is permitted in Switzerland in intellectual property matters provided Switzerland is granted reciprocal rights.
Art. 42 — Amended by Annex No 2 of the FD of 28 Sept. 2018 on the Approval and Implementation of European Convention No 94 on the Service Abroad of Documents relating to Administrative Matters, in force since 1 April 2019 (AS 2019 975; BBl 2017 5947).
Section 8 Fees
Art. 43
1 In addition to the cases referred to in this Act, fees are payable for official actions in response to specific requests. 2 ...
Para. 2 — Repealed by Annex No 2 of the FA of 24 March 1995 on the Status and Tasks of the Swiss Federal Institute of Intellectual Property, with effect from 1 Jan. 1996 (AS 1995 5050; BBl 1994 III 964).
Chapter 4 International Registration of Trade Mark
Amended by No I of the FA of 4 Oct. 1996, in force since 1 May 1997 (AS 1997 1028; BBl 1996 II 1425).
Art. 44 Applicable law
1 This Chapter applies to international registrations under the Madrid Agreement Concerning the International Registration of Marks of 14 July 1967 (the Madrid Agreement) and the Protocol of 27 June 1989 relating to the Madrid Agreement concerning the International Registration of Marks (the Madrid Protocol) that are done through the intermediary of the IPI or which have effect in Switzerland. 2 The other provisions of this Act apply except where the Madrid Agreement, the Madrid Protocol or this Chapter provide otherwise.
Para. 1 — SR 0.232.112.3 Para. 1 — SR 0.232.112.4
Art. 45 Application for registration in the International Register
1 It is possible to request the following through the intermediary of the IPI: a. the international registration of a trade mark provided that Switzerland is the country of origin in accordance with Article 1 paragraph 3 of the Madrid Agreement, or Article 2 paragraph 1 of the Madrid Protocol; b. the modification of an international registration provided that Switzerland is the country of the proprietor of the trade mark in accordance with the Madrid Agreement or the Madrid Protocol; c. the international registration of an application provided that Switzerland is the country of origin in accordance with Article 2 paragraph 1 of the Madrid Protocol. 2 The fees as set out in the Madrid Agreement, the Madrid Protocol and in the Ordinance must be paid for the international registration of a trade mark, an application for registration or the modification of an international registration.
Para. 1 let. a — SR 0.232.112.3 Para. 1 let. a — SR 0.232.141.4
Art. 46 Effect of international registration in Switzerland
1 An international registration with effect in Switzerland has the same effect as the filing of an application with the IPI and registration in the Swiss Register. 2 Such effect does not arise if and to the extent the internationally registered trade mark has been refused protection in Switzerland.
Art. 46a Conversion of an international registration into a national application for registration
1 An international registration may be converted into a national application for registration if: a. the application is submitted to the IPI within three months of cancelling the international registration; b. the international registration and the national application for registration concern the same trade mark; c. the goods and services indicated in the application were also the actual goods and services covered by the international registration having effect in Switzerland; d. the national application for registration fulfils the other requirements laid down in this Act. 2 Objections raised against the registration of trade marks filed in accordance with paragraph 1 are inadmissible.