Not all trade marks are the same

In the area of green trade marks in particular, it’s crucial to distinguish between the different trade mark categories, as these can have advantages or disadvantages depending on their use. The table below compares the categories and provides examples of green trade marks eligible for protection.

 

You can read about how to register a trade mark on this page. Do you require assistance with trade mark registration? Contact a trade mark consultant.

 

Individual mark

 

Owner:
Private individual or legal entity

 

Who may use the trade mark?
Owner

 

Aim:
To distinguish a company’s products/services from those of other providers.

 

Regulations:
None


Sustainability criteria:
The owner may set sustainability and quality criteria for their goods and services. These are criteria applicable to the owner, which they may disclose at their own discretion.


Examples of registered trade marks
Label Migros BIO
CH 806918
 

Logo CSD Engineers
CH 654066

Class 42: “Services in the field of studies, research and reports in the areas of […] energy, ecology […] and environmental protection.” 

Logo swiss ecomove
CH 788664

 

Collective mark

 

Owner:
Association (e.g. club, cooperative, society)

 

Who may use the trade mark?
Owner and members of the association

 

Aim:

  • To distinguish the products/services of an association from those of other providers.
  • The association permits its members to use the collective mark.

 

Regulations:
Yes


Sustainability criteria:
The owner may set out sustainability and quality criteria in the regulations, which goods and services bearing the trade mark must fulfil.


Examples of registered trade marks
Logo ip suisse
CH 548999

 

Guarantee mark

 

Owner:
Natural or legal person that guarantees that their products/services have certain characteristics (e.g. quality or geographical origin)

 

Who may use the trade mark?

Private individual or legal entity, provided that the goods and services they offer with this guarantee mark fulfil the common characteristics set out in the regulations (controlled by the trade mark owner).

⚠ The owner of the guarantee mark is not entitled to use it themselves, nor are persons who have a close economic relationship with them.

 

Aim:

  • To distinguish a company’s products/services from those of other providers.

  • To guarantee the common characteristics of products or services (e.g. vegan or geographical origin).

 

Regulations:
Yes


Sustainability criteria:
The common characteristics are guaranteed by a control system for which the owner is responsible.


Examples of registered trade marks
Logo biodivers
CH 816539

 

There is also a ‘geographical marks’ category. However, this category does not directly apply to green trade marks, as it requires the existence of a prior registration, a foreign (controlled) designation of origin recognised by Switzerland, a geographical indication, the existence of a Federal Council ordinance or an equivalent foreign regulation.

 

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