The short answer
A Swiss trademark is valid for 10 years from the date of filing and is renewed for further 10-year periods. Apply for renewal in the last 12 months before expiry, and at the latest 6 months after expiry. Switzerland registers first: the owner of an earlier mark can oppose within 3 months of publication of the registration. After 5 uninterrupted years of non-use following the opposition period, the owner can no longer assert the right. A party abroad must name an address for service in Switzerland.
Trademark deadlines in Switzerland at a glance
These periods come from the Federal Act on the Protection of Trade Marks and Indications of Source (Trade Mark Protection Act, TmPA, SR 232.11), English text on the Fedlex platform of the Swiss federal government. The authority is the Swiss Federal Institute of Intellectual Property (IPI). We re-check every deadline against the current text before we file.
| Question | Answer |
|---|---|
| How long does a registration last? | 10 years from the date of filing, renewable for further periods of 10 years (Article 10(1) and (2)). |
| Which date does the term count from? | The date of filing the application (Article 10(1)). The right itself is established on entry in the Register (Article 5). |
| When can I renew? | Submit the renewal application in the last 12 months before the end of the term (Article 10(3)). |
| Is there a grace period? | Yes. At the latest 6 months after expiry (Article 10(3)). If the registration is not renewed, the IPI cancels it (Article 35). |
| Opposition period | 3 months from publication of the registration, in writing with reasons, and the opposition fee must be paid in the same period (Article 31(2)). |
| Priority claim | The Swiss filing must take place within 6 months of the first filing in a Paris Convention member state (Article 7). |
| Non-use | If the proprietor has not used the mark for an uninterrupted 5 years after the end of the opposition period (or the end of opposition proceedings), the right can no longer be asserted unless there are proper reasons for non-use (Article 12(1)). |
| Restored if use starts again | If use begins or resumes after more than 5 years, the right is restored from the original priority date, unless non-use was invoked before then (Article 12(2)). |
| Assignment | Valid only if in writing. It has effect against third parties acting in good faith once entered in the Register (Article 17). |
Who can register a trademark in Switzerland
The right belongs to the person who first files the trademark (Article 6). Individuals and companies from any country can apply to the IPI.
Address for service in Switzerland. A party domiciled abroad must designate an address for service in Switzerland, unless international law or the competent foreign body allows direct service in the state concerned. Foreign owners normally use a Swiss representative.
Trademark registration process in Switzerland
Search
- Search the IPI register and the EU and international registers for identical or similar marks. In Switzerland the IPI does not refuse for conflicts with earlier marks, so owners of earlier marks must oppose.
File the application
- File with the IPI with the mark and the goods or services in classes.
- Claim priority within 6 months of your first filing (Article 7).
Examination
- The IPI examines formalities and absolute grounds for refusal and sets a period for any deficiency.
Registration and publication
- The mark is entered in the Register, which establishes the trademark right, and the registration is published.
Opposition window
- The proprietor of an earlier mark can oppose within 3 months of publication, with reasons and the fee paid in the same period (Article 31).
Official fees are set by the IPI fee ordinance and change. We confirm the current fee for your classes before we quote.
Switzerland trademark validity and renewal
- The registration is valid for 10 years from the filing date.
- Apply to renew in the last 12 months before expiry.
- The latest date is 6 months after expiry.
- Renewal is for a further 10 years.
- If the mark is not renewed, the IPI cancels the registration.
Count from the filing date, not from the date the mark was entered in the Register.
Assignment, licence and changes to a Swiss trademark
Assignment
Transfer of a mark
The proprietor may assign the mark in whole or in part for the goods or services claimed. It must be in writing (Article 17).
Third parties
Entry in the Register
It is effective against third parties acting in good faith only once entered in the Register. Until then, actions can be brought against the previous proprietor (Article 17(2) and (3)).
Division
Splitting a registration
The proprietor may request division of an application or registration at any time. The divisional ones keep the filing and priority dates (Article 17a).
Licence
Licensing
The proprietor may permit others to use the mark (Article 18). Ask us for the current recordal procedure.
Non-use of a Swiss trademark
Article 12 limits the rights of an owner who stops using the mark. After an uninterrupted period of 5 years following the end of the opposition period (or the end of opposition proceedings), the owner can no longer assert the right unless there are proper reasons for non-use. Anyone who invokes non-use must substantiate the claim, and the owner must then provide evidence of use. If the owner starts or resumes use after more than 5 years, the right is restored from the original priority date, unless non-use was invoked before then.
Keep dated proof of use in Switzerland: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Switzerland
Any person may inspect the Register, obtain information and request extracts (Article 39). The IPI publishes registrations and renewals, and the 3-month opposition period runs from the publication of the registration.
Sources used
- Federal Act of 28 August 1992 on the Protection of Trade Marks and Indications of Source (TmPA, SR 232.11), English text on Fedlex: Articles 5, 6, 7, 10, 12, 17, 31, 35 and 39.
- Swiss Federal Institute of Intellectual Property (IPI) for fees, forms and the register.
Switzerland trademark FAQ
How long does a trademark last in Switzerland, and from when?
10 years from the date of filing, renewable for further 10-year periods (Article 10).
When should I renew a Swiss trademark, and is there a grace period?
In the last 12 months before expiry, and at the latest 6 months after expiry (Article 10(3)).
What is the opposition period in Switzerland?
3 months from publication of the registration, with reasons and the fee paid in the same period (Article 31(2)).
How much does it cost to register a trademark in Switzerland?
The official fee is set by the IPI fee ordinance and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Switzerland?
Yes. A party domiciled abroad must designate an address for service in Switzerland, normally through a Swiss representative.
Can I assign a Swiss trademark?
Yes, in writing. It is effective against third parties acting in good faith once entered in the Register (Article 17).
Does the IPI refuse a mark because of an earlier trademark?
The IPI examines absolute grounds. Conflicts with earlier marks are raised by the owners of those marks through opposition (Article 31).
What happens if I do not use a Swiss trademark?
After 5 uninterrupted years of non-use following the opposition period, the owner can no longer assert the right unless there are proper reasons (Article 12).
Can I claim priority from my home country?
Yes, if you file in Switzerland within 6 months of the first filing in a Paris Convention member state (Article 7).
How can I check a trademark in Switzerland?
Any person may inspect the Register. We can search it for you.
Protect your brand in Switzerland
SUPREMEiP® files trademarks worldwide through its network and checks every Swiss deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
