How to Create a Unique Trademark in Switzerland
One of the most important steps when first developing a business or planning out an idea for a company is to develop a unique name or identifier for the company. For the best brand recognition and consumer identification, it is recommended that the name, logo and other branding materials be highly related to the products and services offered.
In Switzerland, unlike many other countries, there are a few regulation and requirements for business names and trademarks regarding the types of products and services offered as well as the names and wording used. We have assistants and agents who are able to help you develop an effective a brand name, slogan or trademark for your business.
Register a trademark in Switzerland
To register a trademark in Switzerland, one must apply and register at the Swiss Federal Institute of Intellectual Property, this is the home of all Swiss trademarks, patents and other copyrighted company information.
The major law covering both intellectual property and other trademarks in Switzerland is what’s called the Federal Act on the Protection of Trademarks and Geographical along with the Swiss Trademarks Regulation.
An important note to make is that Switzerland is not an EU member, so this means that Swiss laws governing intellectual property rights are not implemented in the EU. Though, the EU and Swiss intellectual property rights feature similar laws and regulations to ensure trademarks are protected in both the EU and Switzerland.
In Switzerland, it is not required to register a trademark, though, for those who are intending to do so, it is highly recommended by the Swiss government. There is, however, a layer of protection added to unregistered trademarks set in place by the Paris Convention. For more information on this, please contact our consultants.
Distinctive trademark in Switzerland
We have outlined below some rules and regulations which are required to be followed by business owners in Switzerland when developing and registering their trademarks:
- Descriptive words are unable to be protected under a Swiss trademark, along with simple signs or abbreviations.
- Common words may be used, so long as there is a word supporting it that is not a common word, such as a name.
The above regulations apply under all circumstances and are required to adhere to at all times. The languages rules apply to every official language in Switzerland, which includes English, German, Italian and French.
Those interested in more information on trademarking business names and other intellectual property should feel free to contact our business consultants.