You can use your trade mark as you can any other piece of private property. You can sell or pledge it like you would a piece of jewellery. It also has a value, which you can enter on your balance sheet. Likewise, you can permit others to use it by granting them a user licence.
You are required to use your trade mark in connection with the goods and services for which it is registered. If you don't use it within five consecutive years, you could lose your rights to it.
In principle, you must use the trade mark in the form in which you have had it registered, although minor changes are allowed.
It is possible to request the cancellation of a trade mark that is not being used commercially, and therefore must no longer be protected, through a simplified procedure via the IPI. Trade marks that have not been used for the goods or services for which they are registered during a continuous period of five years can be subject to such a procedure.
In this procedure, the trade mark owner is allowed to provide important reasons for the non-use or use of his trade mark. This rapid and cost-effective process is regulated in the Trade Mark Protection Ordinance. It provides, in particular, the possibility to decide on cancellation in clear cases of non-use of a trade mark.
Alternatively, it is possible to bring an action for the cancellation of a trade mark on the grounds of non-use before a civil court.
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"