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Trademarks and Trademark Protection – Part 2: How Can a Trademark Be Protected?

Companies need their trademarks for identification purposes. They can thus more easily build relations with their customers and distinguish themselves from their competitors. Therefore, many companies commit considerable amounts of time and energy to increase the popularity and image of their trademarks. All this can be useful, however, only if the trademark has been registered. In this second article of our series on trademarks and trademark protection, you will learn how to do that.

 

Trademark Registration Procedure

In Switzerland, trademarks can be protected by registering them with the Intellectual Property Institute. Before you apply for the registration of your trademark, it is recommended to inquire if no such trademark has already been registered. If someone has already the right to the same or a misleadingly similar trademark, he or she can demand that any recently registered trademark be deleted. Such verification is not done ex officio, however. Therefore, it is recommended to first conduct or have your own research conducted. You can use the assistance of STARTUPS.CH experts here.

If no trademark like yours has been registered yet, you have to file a registration application form. Together with your trademark, you have to submit a goods and services list (GSL). Each trademark is registered only for the goods and services on that list. The classification complies with an international treaty called Nice Classification. You can rely on the assistance of our experts also when completing the GSL and the registration form.

Once the registration application is submitted, the Intellectual Property Institute verifies that a trademark meets all protection requirements and the GSL has been correctly compiled. The protection requirements are met if the trademark is not improper or misleading, does not violate any applicable laws and is not in the public domain. For instance, no letters or numbers can be protected because they are public.

If the Intellectual Property Institute finds that all formal requirements have been met, the trademark is published so that the owners of older trademarks could object the registration should they come to the conclusion that they have already registered such a trademark. Objections can be raised within three months, and they have to be substantiated.

Do you have any innovative business idea you would like to make come true? Do you need a registered trademark for that? Use STARTUPS.CH experts to become self-employed.

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