It is your sole responsibility to take action against any misuse of your trade mark. The IPI does not check of its own motion for any likelihood of confusion. It is therefore essential that you keep an eye on the market.
You can check to see whether a new trade mark, which is identical to yours, has been applied for or registered in Switzerland by using the Trade Mark Database.
You can also instruct a private service provider to monitor your trade mark for you. This will help you to identify any new signs (identical or similar) that could be confused with your trade mark.
If you establish that your trade mark right has been infringed, you can initiate opposition procedures within the statutory time limit. You can bring a claim before an ordinary court at any time.
You can also apply to a civil court to establish the nullity of the trade mark or prohibit its commercial use. To evaluate the chances of success of a court case, we recommend contacting a trade mark consultant.
Harmonisation and partial revision of guidelines as of 1 July 2023
Conference on Intellectual Property & Sustainability at the University of Geneva
Symposium: "Best practices in the fight against counterfeiting & piracy – NFTs not your cup of tea? Well, they should: NFTs as a new way of fighting counterfeiting and piracy"