Trademark and Design Questions

To register a trademark in Switzerland, you must file an application with the Swiss Federal Institute of Intellectual Property (IPI), including all required details about the mark and the goods or services it covers.

To be registered, a trademark must meet several criteria. It must be distinctive, meaning it clearly identifies the origin of the goods or services. It must not be descriptive, misleading, or contrary to public order or morality. Additionally, the trademark must not conflict with earlier rights such as already registered trademarks or protected trade names. We can conduct a thorough analysis to assess whether your mark meets these conditions and maximize your chances of registration.

The trademark registration process usually begins with a clearance search to ensure that no similar mark exists. Then, an application is filed with the IPI (for Switzerland), or with foreign offices as applicable (e.g., EUIPO for an EU trademark). Once filed, the IPI conducts a formal examination. Upon acceptance, a three-month opposition period begins, during which owners of prior rights may file an opposition.

Protecting your trademark secures your commercial identity and prevents third parties from using a confusingly similar mark. It also strengthens your position in legal disputes and enhances the value of your brand as a strategic asset.

Yes, we offer trademark monitoring services. This service detects potentially conflicting new filings and alerts you so you can take appropriate action to defend your rights.

You can extend your trademark protection internationally through the Madrid System (administered by WIPO), which allows for a single application covering multiple countries. We can guide you through the process to ensure protection in all desired jurisdictions.

If a similar trademark exists, the holder may oppose the registration of your mark within the legal timeframe (three months in Switzerland). A prior clearance search is essential. In case of a conflict, solutions such as negotiation, a coexistence agreement, or changes to your mark may be considered. We can assist you throughout this process to protect your interests.

You can search public databases such as those provided by the IPI, or entrust us with a comprehensive search and legal analysis.

If your trademark is infringed, you may start with a cease-and-desist letter to the infringer. If this fails, legal action may follow, including emergency measures to stop unauthorized use. We can also represent you in negotiations or initiate proceedings to seek damages. Our team supports you at every step to protect your rights effectively.

A trademark is a distinctive sign identifying the origin of goods or services, such as a logo, word, or phrase. It protects brand identity and consumer recognition. A design, on the other hand, protects the appearance or aesthetic of a product, including its shape, pattern, or configuration. It ensures that a product’s unique visual appearance cannot be copied. In short, a trademark protects brand identity, while a design protects the product’s visual appearance.

In Switzerland, a trademark is protected for an initial period of 10 years from the filing date and can be renewed indefinitely in 10-year increments. A design is protected for 5 years, renewable in 5-year periods up to a maximum of 25 years. We can help you manage these deadlines to ensure the continuity of your rights.

To register a design, you must submit to the IPI clear representations showing the appearance of the design, along with a brief description of the object to be protected. You must also pay the required registration fees. Careful preparation of your application ensures effective protection and avoids delays or refusals.

Domain Name Questions

To register a domain name, you must choose an accredited registrar, i.e. a provider specializing in the purchase and registration of domain names. Search for an available name using the registrar’s platform, then provide the required information such as your contact details and intended use. Once the registration fees are paid, the domain name will be assigned to you for a renewable period. We can guide you in choosing and registering domain names that suit your strategic and legal needs.

Yes, a domain name can be protected as a trademark if it meets the distinctiveness criteria.

In the event of cybersquatting, we can initiate a UDRP (Uniform Domain Name Dispute Resolution Policy) procedure to recover the domain name. This procedure allows you to challenge the abusive registration of a domain and transfer it to its legitimate owner. We are here to assess your situation, advise you on the steps to take, and defend your rights effectively.

Yes, we offer monitoring services to detect suspicious registrations of similar names. Contact us for more information.

That depends on the registrar’s policy, but we can guide you through the process.

Disputes, Contracts, and Agreements

To resolve a trademark conflict, several solutions are available. We assist you in analyzing the situation and taking the most appropriate actions, whether through amicable negotiations, mediation to reach an agreement, or legal proceedings before the competent authorities. Our expertise guarantees you a tailored strategy to protect your rights while minimizing risk and cost.

Yes, our firm specializes in drafting, reviewing, and revising trademark license agreements. We ensure that every agreement effectively protects your rights while clearly defining the conditions of use, obligations of the parties, and legal and financial aspects. Our expertise guarantees solid and tailored contracts.

If your intellectual property rights are infringed, we assess the situation and determine the most appropriate course of action to defend them. This may include sending a cease-and-desist letter, negotiating a settlement, or initiating legal proceedings if necessary. Our team supports you every step of the way to protect your rights effectively and strategically.

We offer a wide range of agreements tailored to your needs, including assignment agreements to transfer your rights, license agreements to authorize the use of your protected assets, coexistence agreements to prevent or resolve conflicts between similar trademarks, and confidentiality agreements to protect your sensitive information. Every agreement is custom-built to ensure optimal protection of your interests.

Questions About Our Online Portal

Yes, through our client portal, you have online access to all your intellectual property records. The portfolio is connected to our internal database and is updated in real time.

Absolutely, all steps are accessible through our platform as they are entered into our database.

Billing Questions

Payments can be made by bank transfer. To simplify the process, our invoices include a QR code compatible with online payment systems across Switzerland, allowing for fast and secure settlement. If you need assistance, our team is available.

Please contact us at accounts@tradamarca.com. Our team is here to help.

Please check the information entered or contact us at accounts@tradamarca.com so we can help resolve the issue.

Yes, we offer packages tailored to the needs of small businesses.

We’re here to help. Contact us at menetrey@tradamarca.com

Contact us at
+41 21 321 28 88 or hello@tradamarca.com


TRADAMARCA
Avenue du Prieuré 8
CH - 1009 Pully


TRADAMARCA
Route de la Moubra 17
CH - 3963 Crans Montana