Jan 12, 2024 (Newsletter Issue 1/24)New Trademark Protection GuidelinesThe Swiss Federal Institute of Intellectual Property (IPI) published its new guidelines in trade mark matters on 1 January 2024. The new guidelines concern the classification of goods and services in connection with virtual environments. They contain explanations on adapting the IPI's practice with regard to trade mark applications in connection with virtual goods, non-fungible tokens (NFTs), and services in virtual environments.
By adapting these guidelines, the IPI is responding to the challenges posed by the constant development of technology and intangible assets.
For more details click here.Source: www.mme.ch Jun 28, 2023 (Newsletter Issue 6/23)
Partial Revision of Guidelines
The IPI has partially revised its Trade Mark Guidelines ('International trade mark registration', 'Substantive trade mark examination’, ‘Opposition proceedings’ and ‘Cancellation proceedings due to non-use’) as well as the guidelines for the substantive examination of national patent applications.
These guidelines came into force on 1 July 2023 and apply to all pending procedures from that date. They can be consulted on the IPI’s website (in German, French and Italian).
Source: www.ige.ch
Jun 16, 2023 (Newsletter Issue 6/23)New Online ServicesThe Swiss Federal Institute of Intellectual Property (IPI) expands its online services to simplify the IP rights management for intellectual property owners and their representatives.
Here's an overview of the new online services.
- New databases for patents, designs and supplementary protection certificates that are easy to search through
- Request register changes online
- Receive communications electronically
- Pay fees online with a current account
- Overview of requests and current account transactions in the user accounts
For more information regarding the new online services, click here.Source: www.ige.ch May 01, 2023 (Newsletter Issue 5/23)
Official Trademark Fees to be Reduced
From 1 July 2023, it will cost 450 Swiss francs to file a trade mark with the IPI instead of the current 550 Swiss francs. In addition, the fee for protecting an international trade mark in Switzerland for three classes of goods will be reduced by 50 Swiss francs. The IPI will also offer an ‘e-discount' of 100 Swiss francs from this date onwards for applications submitted electronically. A trade mark is protected for ten years from its filing date. After that, protection can be renewed indefinitely for ten years at a time. With effect from 1 July 2024, the renewal fee will be decreased from 700 to 550 Swiss francs.
Source: https://www.ejpd.admin.ch/ejpd/en/home/latest-news/mm.msg-id-92238.html
Jun 02, 2022 (Newsletter Issue 7/22)Agreement between DE and CH on Reciprocal Protection for Patents, Designs and Trademarks TerminatedBy notices dated 30 April and 29 December 2021, Germany terminated the Agreement of 13 April 1892 between Switzerland and Germany on Reciprocal Protection for Patents, Designs and Trade Marks (SR 0.232.149.136).
This decision follows a judgment by the Court of Justice of the European Union dated 22 October 2020 (joined cases C-720/18 and C-721/18), in which the court ruled that the above agreement was incompatible with European law ([EU] Directive on trademarks). The communication of this termination was published on 9 March 2022 in the Official Compilation of Federal Legislation (AS 2022 156), and became effective on 31 May 2022.
For more information, please see here
Source: www.ige.ch; www.fedlex.admin.ch; Isler & Pedrazzini AG, Patent & Trademark Attorneys, Switzerland Jun 02, 2022 (Newsletter Issue 7/22)New Online Service for International RegistrationThe Swiss Federal Institute of Intellectual Property (IPI) informs about a new platform that makes it easier to apply for International Registrations under the Madrid system.
The newest online service is linked to the Trade Mark Database initiated by the IPI in 2020. It enables all interested parties to search for protected national and international trademarks and trademark applications in Switzerland.
In addition, trademark applicants are guided step by step through the international application process. They can save their data at any point and continue later or share their application with others via a link. Attachments can be uploaded directly. Moreover, the IPI no longer needs to enter data manually, but can start examining the application immediately.
The new online service can be accessed here Source: www.ige.ch Oct 20, 2021 (Newsletter Issue 15/21)
Accession to Geneva Act of Lisbon Agreement on Appellations of Origin and GIs
On August 31, 2021, the WIPO notified the deposit by Switzerland of its instrument of accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (Geneva Act).
The Geneva Act of the Lisbon Agreement enters into force, with respect to Switzerland, on December 1, 2021.
Source: www.wipo.int
Nov 19, 2019 (Newsletter Issue 16/19)Fax Services to be Discontinued from Jan 2020The Swiss Intellectual Property Institute will discontinue its fax services at the end of 2019.
E-mail and post are offered as alternative means of submission.
To be considered legally-binding and in observance of time limits, however, e-mail submissions for Trademarks must be sent to the specially designated e-mail address 'tm.admin@ekomm.ipi.ch'
You find further information on electronic submission of the IPI Website hereSource: www.ige.ch Mar 15, 2018 (Newsletter Issue 5/18)
Electronic Management for New Trademarks and Register Changes
The Swiss Federal Institute of Intellectual Property (IPI) informs that the Trademark Division will introduce the electronic management for Swiss trademarks as from March 2018.
This applies to all new trademark applications (indicated by the application numbers >70,000) as well as all register changes to registered trademarks.
Some of the minor changes can be seen below:
- Express fees cannot be paid online anymore.
- Payment requests are only sent to the address of service, it is no longer possible to require their sending to a special "bill recipient".
- New bank account (IBAN CH31 0483 5146 2769 0100 0, SWIFT CRESCHZZ80A, at Credit Suisse)
- Regarding the registry statements and priority documents:
1) The structure of the register extracts is no longer exactly the same. There is no longer a status at the time of registration;
2) Register statements and priority documents which do not require to be certified are now sent electronically by e-mail.
- The owner of the protected rights registered in the register will be informed if the register has changed due to the transfer of the intellectual property right or the registration of a licence.
Source: www.ige.ch
Jan 16, 2018 (Newsletter Issue 1/18)
Time Limit for Initial Examination Increased
The Swiss Federal Institute of Intellectual Property (IPI) informs that due to the high number of Swiss applications for the registration of trademarks, the time limit for the initial examination has been increased to four months from the date of the payment of the filing fee and any class surcharges. Within this time limit, IPI will either confirm that the trademark is to be accepted for registration in the register or inform of any deficiencies which can be subsequently remedied within a given time limit.
Source: Source: www.ige.ch
Feb 01, 2017 (Newsletter Issue 3/17)CP 5 Common Practice ImplementedAs 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 Jan 25, 2017 (Newsletter Issue 2/17)Procedures before IPI Harmonised/New Fee OrdinanceOn 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 Oct 12, 2016 (Newsletter Issue 18/16)Administrative Cancellation Proceedings Soon in ForceAs 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 Dec 08, 2015 (Newsletter Issue 19/15)Change in Practice of Custom Manufacturing of ProductsThe 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 Sep 17, 2013 (Newsletter Issue 13/13)Official Trademark Renewal Fees IncreasedThe 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 Jul 31, 2012 (Newsletter Issue 12/12)Most Creative CountryThe 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 Aug 01, 2011 (Newsletter Issue 10/11)Change of PracticeThe 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 Jan 01, 2011 (Newsletter Issue 1/11)Trademark Guidelines RevisedThe 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 Aug 07, 2010 (Newsletter Issue 13/10)Electronic Submissions by E-mail IntroducedThe 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 Apr 14, 2010 (Newsletter Issue 9/10)Improved Trademark Classification WebsiteAn improved version of the trademark classification and examination website has been launched in Switzerland.
The website can be found at http://wdl.ipi.ch Sep 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, 2022.
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
Art. 1 of the Trade Mark Protection Act states:
1) A trade mark is a sign capable of distinguishing the goods or services of one undertaking from those of other undertakings.
2) Trade marks may, in particular, be words, letters, numerals, figurative representations, three-dimensional shapes or combinations of such elements with each other or with colours.
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 four to six 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:The Opposition period is within 3 months from the publication date of trademark registration on www.swissreg.ch.
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.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application is CHF 550 for up to three classes and CHF 100 for each additional class. In case of electronic filing a discount of CHF 100 applies.
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