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Patentbüro Paul Rosenich AG
Buchs/SG, Switzerland (CH)

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Isler & Pedrazzini AG, Patent & Trademark Attorneys
Zurich, Switzerland (CH)

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Switzerland (CH)

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02-01-2017 (Newsletter Issue 3/17)
CP 5 Common Practice Implemented
As of January 1, 2017, the Swiss Federal Institute of Intellectual Property (IPI) became the 29th IP Office to implement the CP5 Common Practice on the Common Practice of Relative Grounds of Refusal – Likelihood of Confusion (Impact of non-distinctive/weak components) into its guidelines.

The CP5 common principles have been incorporated into the updated version of IPI’s guidelines, which came into force on January 1, 2017.

Source: www.euipo.europa.eu


01-25-2017 (Newsletter Issue 2/17)
Procedures before IPI Harmonised/New Fee Ordinance
On December 2, 2016, the Federal Council adopted amendments to the Trade Mark Ordinance, the Design Ordinance and the Patent Ordinance. These amendments harmonise procedures before the Swiss Federal Institute of Intellectual Property (IPI) to the extent permitted by applicable law. This is to simplify the system. The Federal Council has, at the same time, approved the formal total revision of the IPI's Fee Ordinance. The ordinance contains the fees applicable from January 1, 2017, for the revised Trade Mark Protection Act.

Many of the amendments are of an editorial nature and have no implications for applicants. These are the most important substantive changes:
- New rules and practice concerning the date of receipt of mailed items are to apply uniformly: for domestic mail with a legible postmark, the submission date will be considered the postmark date; if the postmark is illegible or missing, the submission date will officially be one working day prior to the date on which the item was received by the IPI calculated retrospectively for items sent by A Mail (first class) and three working days prior to the date on which the item was received by the IPI calculated retrospectively for items sent by B Mail (second class). For foreign mail, the submission date will officially be one working day prior to the date on which the item was received by the IPI calculated retrospectively.
- For joint applicants or owners of an IP right who have not designated a common representative or an addressee, the IPI will choose one of them to be the addressee. However, if one of the applicants or rights owners opposes this choice, the IPI must expressly request the parties concerned to designate an addressee themselves.
- Under the amended patent legislation, it will be possible for a licensee to submit an application for the registration of a license. Prior to this amendment, only the patent owner could request the registration – which is not the case under trade mark and design legislation.
- A surcharge will apply under the amended trade mark legislation if the renewal fee is paid after the trade mark has expired. This is already the case under design legislation. The surcharge obligation has, until this change, been linked to the date on which the request for renewal was submitted.
- Class fees will no longer be reimbursed if the trade mark is not registered.

For further information, please see here

Source: www.ige.ch


10-12-2016 (Newsletter Issue 18/16)
Administrative Cancellation Proceedings Soon in Force
As of January 1, 2017, an administrative non-use cancellation proceeding before the Federal Institute of Intellectual Property (the Swiss Trademark Office) will be available in Switzerland.

This proceeding will be more quick and cost effective than the current proceeding. It may be filed by anyone, no specific legal interest in the cancellation is required. The proceeding is initiated by a request to the Swiss Trademark Office. A request for partial cancellation with regard to certain goods and/or services is possible. The application must include prima facie evidence for the non-use of the contested mark. It has been reported by the Office that an in-use search report from a specialized provider is sufficient.

For more information, please see the article of our Country Index partner here

Source: Isler & Pedrazzini AG, Switzerland


12-08-2015 (Newsletter Issue 19/15)
Change in Practice of Custom Manufacturing of Products
The Swiss Federal Institute of Intellectual Property has announced on its website that it will change its practice in relation to "custom manufacturing of products". This service will be accepted in Class 40 of the Nice classification under certain conditions as per January 1, 2016 and it will be applied on all pending applications.

For further information please check here (in German only)

Source: www.ige.ch


09-17-2013 (Newsletter Issue 13/13)
Official Trademark Renewal Fees Increased
The Swiss Federal Institute of Intellectual Property has increased its fees for trademark renewals. The fee will increased from CHF 550 to CHF 700 starting from January 1, 2014.

Source: Isler & Pedrazzini AG, Patent & Trademark Attorneys, Switzerland


07-31-2012 (Newsletter Issue 12/12)
Most Creative Country
The Global Innovation Index 2012 Report has been published by the World Intellectual Property Organization (WIPO) in conjunction with the international business school INSEAD. The report ranks 141 countries and economies on the basis of their innovation capabilities and their results.

The top 10 leading countries are:
1. Switzerland – 2. Sweden – 3. Singapore – 4. Finland – 5. United Kingdom – 6. Netherlands – 7. Denmark – 8. Hong Kong (China) – 9. Ireland – 10. United States of America

To access the report, please click here

Source: www.wipo.int


08-01-2011 (Newsletter Issue 10/11)
Change of Practice
The Swiss Federal Institute of Intellectual Property has announced on its website that applicants with a principle place of business abroad must no longer appoint a representative.
With the entry into force of the Patent Attorney Act (PatAA) on July 1st, 2011, the mandatory appointment of a representative laid down in the Patent Act, Trade Mark Protection Act and Design Act will be set aside: whereas applicants without residence or a principle place of business in Switzerland previously had to appoint a representative domiciled in Switzerland, they may now indicate a correspondence address in Switzerland only. Any communication with the Institute needs to be in one of the three national languages (German, French or Italian).

Source: Isler & Pedrazzini AG, Zurich, Switzerland,
Swiss Federal Institute of Intellectual Property


01-01-2011 (Newsletter Issue 1/11)
Trademark Guidelines Revised
The Swiss Federal Institute of Intellectual Property has revised its Trademark guidelines as of January 1st, 2011. Of note are the following changes:

- Adaptation of the guidelines due to the nearly complete waiver of signature requirements, as well as the introduction of the legally binding electronic submission via email
- Amendment of the guidelines regarding rule 18ter 1) GAFO, declaring the declaration of grant of protection obligatory (if no refusal of protection was notified)

The full text of the guidelines is available in German and French. For more information please click here


08-07-2010 (Newsletter Issue 13/10)
Electronic Submissions by E-mail Introduced
The Swiss Federal Institute of Intellectual Property (IPI) has introduced electronic submissions by e-mail. It is now possible for all users of intellectual property rights systems to easily submit legally binding applications and re-sponses in electronic format.

For more information please click here


04-14-2010 (Newsletter Issue 9/10)
Improved Trademark Classification Website
An improved version of the trademark classification and examination website has been launched in Switzerland.

The website can be found at http://wdl.ipi.ch


09-12-2009 (Newsletter Issue 3/09)
Reduction of Official Fees for Electronic Filing Limited
The reduction of official fees for electronical filing is limited until December 31st, 2009. After this date there will no longer be a cost reduction for electronical filing.
Till December 31st, the fee for one application in up to three classes is CHF 350 (approx. EUR 230.00) and the fee for each additional class is CHF 60.00 (approx. EUR 39.00), if filed electronically.



Legal basis is the Law on Protection of Trademarks of August 28th, 1992, in force since April 1st, 1993, as last amended on January 1, 2017.
Switzerland is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration or enjoyed by well-known trademarks (Art. 6 bis Paris Convention).
Nice classification, 11th edition
Registrable are all distinctive signs, such as words, letters, numerals, devices, colours or colour combinations, three-dimensional forms, sounds, and other non-traditional marks provided they can be represented graphically. Types of trademarks: trade marks, service marks, collective marks and certification marks.
The application is filed at the Swiss Federal Institute of Intellectual Property.
Any communication with the Swiss Federal Institute of Intellectual Property needs to be in one of the three national languages ​​(German, French or Italian).
Multiple-class applications are possible.
Foreign applicants do not need a local agent anymore. A correspondence address in Switzerland is sufficient.
No power of attorney is required.
Foreign applicants do not need a domestic registration.
The examination is only on absolute grounds mainly regarding the distinctiveness and the wording of the list of products and services, but not on relative grounds such as identical or similar prior registrations. Signs which are not considered to be distinctive by the examiner can be registered, if it can be established that they have acquired distinctiveness by use.
An application matures into registration within three months if no objections have been raised. If there are obviously no absolute grounds for a refusal and where the list of goods and services complies with the approved wordings of the Swiss Federal Institute of Intellectual Property a registration is possible within two weeks.
An accelerated examination can be requested for an additional official fee of CHF 400.00. Such an application is published and registered within one month.
After registration, the trademark is published on www.swissreg.ch.
National:
An opposition can be filed within 3 months from the publication date of trademark registration.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
The mark is protected as from the date of application and is valid for 10 years. The registration can be renewed for further periods of 10 years.
The grace period is 6 months from the regular renewal deadline.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from the end of the opposition period or the end of the opposition proceeding, mark rights can no longer be claimed. Subsequent use of the trademark has the effect that the mark is protected as from the application day unless the third party has claimed non-use of the mark in the meantime.
According to a treaty between Germany and Switzerland, the use of the same mark in Germany by a German or Swiss owner or an owner with seat or residence in Germany or Switzerland is sufficient to fulfil the use requirements in Switzerland if the mark is also registered in Germany and vice versa.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is CHF 550 for up to three classes and CHF 100 for each additional class.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 170,00 € 40,00 € 
Word Mark Search (identical) 60,00 € 0,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
04-07-2017
Isler & Pedrazzini AG, Patent & Trademark Attorneys, Zurich, Switzerland  

02-09-2016
Isler & Pedrazzini AG, Patent & Trademark Attorneys, Zurich, Switzerland  

12-09-2014
Isler & Pedrazzini AG, Patent & Trademark Attorneys, Zurich, Switzerland  

06-20-2013
Isler & Pedrazzini AG, Patent & Trademark Attorneys, Zurich, Switzerland  

08-11-2011
Isler & Pedrazzini AG, Patent & Trademark Attorneys, Zurich, Switzerland  



Patentbüro Paul Rosenich AG



Paul Rosenich

Paul Rosenich
Schulhausstrasse 19
9470 Buchs (SG)
Tel +41 817 565 463
office@rosenich.com
www.rosenich.com

Paul ROSENICH, Dipl. Ing. NTB, LLM, independent European and national (CH, LI) Patent Attorney, Swiss mediator for IP-Disputes; CEO of PATENTBUERO PAUL ROSENICH INC in Triesenberg, Liechtenstein and in Buchs, Switzerland.

Patentbüro Paul Rosenich AG has been established in 1998.

The main focus of our work is not only drafting and filing of intellectual property rights (in particular Patents, Trademarks, Designs, Domain Names and Licenses), but also defending those rights before IP-Offices and Courts. We also successfully file oppositions, complaints and actions for declaration of invalidity. Of course we also successfully defend in such actions mentioned before. Our Team covers European Patent Attorneys and representatives before the Swiss Patent Office (IGE), the Germany Patent- and Trademark Office (DPMA), the Hungarian Patent Office, the US Patent Office, the Trademark Office of Liechtenstein and the County Court of Liechtenstein. We represent also before the World Intellectual Property Organization (WIPO), the Office for Harmonization in the Internal Market (OHIM), European Patent Office (EPO) and cooperate with Patent Attorneys and Attorneys at Law worldwide. We also offer Mediation in the field of intellectual property in our branch office in Buchs SG/Switzerland.

Isler & Pedrazzini AG, Patent & Trademark Attorneys



Matthias Bebi

Matthias Bebi
Gotthardstrasse 53
CH-8027 Zurich
Switzerland (CH)
Tel +41 4 42 83 47 00
Fax +41 4 42 83 47 47
mail@islerpedrazzini.ch
www.islerpedrazzini.ch

Established in 1910, Isler & Pedrazzini AG has grown to become one of Switzerland’s largest Patent and Trademark Attorneys Firms. The firm is offering a full range of services in respect of Intellectual Property Law as well as to related legal fields. The firm has 11 Patent Attorneys and 6 lawyers. The professional staff is 46.
Areas of Practice cover Intellectual Property Law including Patent, Trademark and Design Prosecution & Domain Names, Corporate Law in particular Start-up Companies, Intellectual Property Litigation, Unfair Competition, Copyright and EEC Intellectual Property, Antitrust Law and Intellectual Property Strategies.
The Contributing person, Matthias Bebi, is trademark attorney at Isler & Pedrazzini AG. He is active as a trademark attorney since 2001.

Swiss Federal Institute of Intellectual Property (IPI)
Stauffacherstr. 65/59g
3003 Bern
Switzerland
Tel +41 31 377 77 77
Fax +41 31 377 77 78
Mail info@ipi.ch
www.ige.ch

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int