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Swiss Trademark Objection System
Time: 2025-10-23 Click count: 538

Switzerland

Trademark opposition system

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Switzerland

Trademark opposition acceptance agency

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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)

objection to a trademark

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Switzerland

Timing of Trademark Objection

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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)

objection to a trademark

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Switzerland

Basis for Trademark Objection Application

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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)

objection to a trademark

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Switzerland

Trademark opposition process

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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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Switzerland

Trademark opposition period

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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)

objection to a trademark

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