Market Insight

Updates from an international team of correspondents who report on recent developments in trademark law and practice in their home jurisdictions, as well as strategic issues and those relating to brand protection, portfolio management and value creation.

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16 FEBRUARY 2023

How trademark use requirements influence permissible brand evolutions

To ensure the viability of their brand’s evolving intellectual property, it is crucial that Swiss trademark owners understand and comply with proper use guidelines regulating any changes to existing marks.

26 JANUARY 2023

How to protect trademarks against non-use effects in Switzerland

Understanding Switzerland’s particular trademark use requirements is crucial for rights holders developing their protection and defence strategies and for applicants hoping to secure their marks.

21 OCTOBER 2021

Swiss authorities relax examination practices for trademarks featuring a place name

With exceptions, it will no longer be a prerequisite to limit goods and services to their geographical origin for trademarks containing an indication of source. The Swiss Federal Institute of Intellectual Property appears to be becoming more flexible, aligning its approach with that of the European Union.

14 OCTOBER 2021

Trademark use requirements in Switzerland – what you need to know

The Swiss legislative landscape is strict when it comes to trademark use. Trademark owners can learn valuable lessons for putting together a protection strategy from past cases; use is at the heart of this, however this is complemented by specific knowledge of the jurisdiction, regarding territory, grace periods and partial use.

19 AUGUST 2021

The Swiss response to the concerning issue of counterfeiting

Recent reports reveal the damage of counterfeiting to Switzerland’s largest industries. Companies, government bodies and non-profits are all taking action, utilising AI, blockchain, legislation and education to fight this illicit activity.

18 FEBRUARY 2021

Why a multifaceted approach is key to protecting jewellery designs in Switzerland

Protecting jewellery designs is as crucial as it is tricky. Brand owners looking to secure their unique creations should devise a strategy with regard to routes to copyright, design and 3D trademark protection.

14 JANUARY 2021

Preventing trademark degeneration in Switzerland

Even the most well-protected trademarks can degenerate and become free. IP owners must be proactive in ensuring that their marks do not go down this route.

17 DECEMBER 2020

Strategic combined approach to trademark and domain name protections in Switzerland

A two-pronged approach is recommended to protect company names in Switzerland, which will ensure that businesses there are covered on all sides.

16 JULY 2020

Overview of appellations of origin and GIs in Switzerland in light of the forthcoming ratification of the Geneva Act

In a move that indicates major progress towards the enhanced protection of Swiss geographical indications, the Federal Council has proposed the ratification of the Geneva Act of the Lisbon Agreement on appellations of origin and GIs, and to amend the Trademark Protection Act accordingly.

18 JUNE 2020

Revisions to the Swiss Copyright Act

Switzerland has revised its copyright rules, which now provide remuneration for all authors of copyrighted works used online and allow digital use in the fields of research, education and the preservation of cultural heritage.

28 MAY 2020

The challenge of protecting shape marks in Switzerland

As the number of offerings in the market continues to grow, a name and logo are no longer always sufficient to differentiate a product or service. It is therefore hoped that Switzerland will enable the better protection and recognition of shapes as trademarks, in particular those relating to a product’s packaging and not the product itself.

09 APRIL 2020

Benefits of protecting business names as trademarks

Switzerland is a desirable place to start a business as a 3% increase in the number of registrations of new business names within the first nine months of 2019 shows. However, statistically, only a few new business owners think about protecting their business name as a trademark.

27 FEBRUARY 2020

Protecting geographical names in Switzerland

Many brands include a term or a logo that relates to a geographical place. In Switzerland many applications to register these as trademarks are unsuccessful as there are strict examination rules in accordance with Articles 2(a) and 2(c) of the Trademark Protection Act. However, these have relaxed a little in the last few years.

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