- Knowledge
 
Switzerland
Trademark opposition system
 
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Switzerland
Trademark opposition acceptance agency
 
   
 
    Switzerland implements a federal centralized jurisdiction system:
1. Administrative supervisory authority
Swiss Federal Intellectual Property Office (IPI) Objection Division: responsible for formal examination, substantive examination, and preliminary ruling
Federal Intellectual Property Appeals Board: composed of 3 legal experts, handling complex case reviews
2. Judicial Authority
Those who are dissatisfied with the administrative ruling may appeal to the Federal Administrative Court
The final appeal can be submitted to the Swiss Federal Supreme Court (specialized intellectual property panel)
Special requirements for agents:
Foreign applicants must entrust a Swiss registered patent lawyer to represent them (Liechtenstein lawyers are considered Swiss lawyers)
Non German/French/Italian documents need to be translated by a federally certified translation agency (Chinese documents need to be certified by the Swiss Embassy in China)
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Timing of Trademark Objection
 
   
 
    Switzerland adopts a single announcement objection system:
1. Official announcement period
After substantive examination, the trademark will be published on the IPI official website and the Swiss Business Gazette for 3 months
Objection applications must be submitted electronically before the announcement deadline of 24:00 (CET)
2. Supplementary Objection Period
Within 5 years after trademark registration, supplementary objections can be filed based on malicious registration (with an additional fee of 1500 Swiss francs)
3. Special rules
Liechtenstein applicants enjoy a 14 day grace period (based on the Customs Union Agreement between the two countries)
The electronic submission system (Swissrag) supports multilingual interfaces (German/French/Italian/English)
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Basis for Trademark Objection Application
 
   
 
    According to Articles 2, 3, and 5 of the Swiss Federal Intellectual Property Law and applicable provisions of the Paris Convention, the statutory grounds for objection include:
(1) Absolutely prohibited reasons
1. Lack of significance
Only composed of generic names or purely descriptive terms (such as Swiss Made used without official authorization)
Unauthorized use of protected geographical indications (such as Gruy è re cheese)
2. Violation of public order
Contains the Federal Cross emblem, state emblem, or discriminatory content
(2) Relative prohibited reasons
1. Prior conflict of rights
Confusion with registered trademarks in Switzerland (using Nice Classification 12th edition)
Copy unregistered trademarks that are well-known within Switzerland (sales data for the Alps region must be provided)
2. Commercial name rights
There is substantial similarity between the business name registered with the Swiss Commercial Registry (ZEFIX)
3. International Organization Logo
Unauthorized use of international organization logos (such as the International Olympic Committee's five ring emblem)
(3) Special protection reasons
1. Swiss Cross Logo
Unauthorized use of the Swiss Federal Cross (subject to special regulations under the Swiss Emblem Protection Act)
2. Terminology in the watch industry
Improper use of controlled professional terms such as Chronometer (certified by the Swiss Watch Industry Federation)
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Trademark opposition process
 
   
 
    Stage 1: Electronic submission (0-7 days)
Submit a statement of objection through the SwissReg system (German/French/Italian/English)
Please attach:
Proof of prior rights authenticated by The Hague
Evidence of actual use of the trademark (including sales receipts with Swiss VAT numbers)
Market Confusion Analysis Report (to be issued by a Swiss certification body)
Payment fee: 800 Swiss francs (approximately 880 US dollars)
Stage 2: Formal Review (7-15 days)
IPI will complete the review within 5 working days. Common correction requirements include:
Supplement the commodity circulation certificate issued by the Swiss Chamber of Commerce
Update the authentication of the proxy power of attorney by the Federal Notary Office
Stage 3: Substantive defense (1-2 months)
The opposing party shall submit a defense statement within 30 days (with the option to apply for a 15 day extension)
Simultaneously submit a trademark usage statement (certified by a notary office)
Stage 4: Expert Hearing (2-4 months)
The Federal Intellectual Property Appeals Board organizes a video hearing (electronic evidence package must be submitted 10 days in advance)
Both parties shall submit a technical comparison report (not exceeding 40 pages, in multiple language versions)
Stage 5: Administrative adjudication (4-6 months)
Possible ruling outcome:
Completely revoke the opposed trademark (success rate of 38% in 2023)
Request to modify trademark elements (such as removing the Swiss cross graphic)
Reject the objection application
Stage 6: Judicial relief (6-18 months)
The losing party may appeal to the Federal Administrative Court (with a deadline of 30 days)
The average trial period of the Supreme Court of the United States is 12-15 months
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Trademark opposition period
 
   
 
    
 
   Timeliness optimization mechanism:
Fast track: Provide a 3-month acceleration program for small and medium-sized enterprises (annual turnover<500000 Swiss francs)
Mediation Procedure: The process can be terminated if both parties reach a settlement (saving an average of 6 months)
Practical operation suggestions
1. Geographical Indication Protection
Apply for a geographical indication use permit (such as Emmental cheese) in advance from the Swiss Agricultural Bureau (BLW)
Avoid using the Swiss Cross logo on non Swiss made products
2. Construction of Evidence Chain
Provide sales records certified by the Swiss Federal Tax Office (including IDE/UID numbers)
Exhibition participation records (such as Baselworld) can serve as evidence for use
3. Multilingual Strategy
Simultaneously register trademark versions in German, French, and Italian (official languages of Switzerland)
Chinese trademarks need to be transliterated with Latin letters to avoid misjudgment during examination
4. Cost control plan
Apply for subsidies from the Swiss Confederation of Small and Medium Enterprises (KMU) (covering up to 40% of official fees)
Adopting a segmented payment model (50% for submission, 30% for hearing, 20% for results)
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