Defining your IP protection strategy

The following questions will help you to develop a strategy to protect your trade mark and carefully plan for the filing of your trade mark:

 

What do you want to protect?

Choose your sign – do you want to protect a word, a picture, or both? You’ll find further information under trade mark categories and trade mark types.

 

For which products do you want to protect your trade mark?

A trade mark is only protected for the goods or services  that you define in your application and for which you want to use the trade mark – e.g. the trade mark Beltina for bicycles and bicycle repair. You should think carefully and plan ahead when selecting these product and service categories, as once your trade mark has been registered, you can’t extend the protection to include additional goods and services.

You can define the product and service categories using our Classification Tool or when applying via our online application system e-trademark.

 

National or international protection?

Registering a trade mark nationally provides you with protection in Switzerland. However, you can also protect your trade mark in other countries. You can find further information under national or international protection.

 

Is your trade mark too similar to other signs?

Is your trade mark so similar that it could be confused with trade marks, domain names or company names that are already registered? Could it come into conflict with them? As we don’t check this, you should do a search yourself to find out whether identical or similar signs are already protected. If you register a trade mark that comes into conflict with already registered signs, someone can file opposition to your trade mark and make a request for its cancellation. In addition, a court can prohibit you from using the trade mark. In this case, products that already bear your trade mark would have to be relabelled or destroyed. Using images or logos in your trade mark that are protected by copyright may also lead to conflicts (see Copyright).

 

Consult a trade mark consultant

We are happy to answer any questions you have on the registration procedure. If you are unsure about choosing a trade mark or your trade mark strategy, or would like some advice in a case of conflict, please contact a trade mark consultant.

 

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