Registering and protecting a trademark in Switzerland

Your company’s name, its logo, its claim: they are assets. And like every asset they must be protected before someone else does it. In Switzerland, trademark protection is obtained by filing with the IPI — the Swiss Federal Institute of Intellectual Property. Here is what you need to know to do it well.

What a trademark really protects

A trademark protects a distinctive sign — word, logo, combination — used to identify products or services. It does not protect an idea, a function or a business model. Key points:

• Protection applies only to the classes of goods you register (Nice Classification).
• It is territorial: a Swiss trademark protects in Switzerland (and Liechtenstein), not in the rest of the world.
• It arises with registration, not with mere use: whoever files first has priority, as a matter of principle.

Not registering means leaving the field open: a competitor can file your name and, in some cases, force you to change it after you have invested in branding.

The steps of filing with the IPI

1. Prior-art search. Before filing, you check that no identical or similar trademarks are already registered in the same classes. This is the step that avoids refusals and disputes.
2. Defining the sign. Word mark, figurative mark or combined mark: each choice has implications for the breadth of protection.
3. Choosing the classes. You select the relevant classes of goods/services. More classes = more protection, but also higher costs.
4. Filing and examination. The IPI checks the absolute grounds for exclusion (descriptive, deceptive or public-policy-contrary signs). It does not examine conflicts with earlier trademarks ex officio: that check is up to existing holders.
5. Registration and publication. After examination, the trademark is entered and published.

Duration, renewal and use

Protection lasts ten years from filing and is indefinitely renewable, decade after decade. Beware of two substantive obligations:

• Obligation of use. A trademark not used for an extended period can be challenged and cancelled. Registering and then “forgetting” is not enough.
• Watch service. The IPI does not block similar trademarks filed after yours: it is up to you to monitor and oppose. A watch service flags conflicting filings in good time for opposition.

Beyond Switzerland: international protection

If you are eyeing foreign markets, the most efficient route almost always starts from the Swiss trademark as a base mark, to then extend it via the Madrid System (international registration) or national/EU filings. Planning the geographies early avoids discovering that the name is already taken in a key market.

Common mistakes we see

• Choosing a name that is too descriptive (“Easy Accounting”): hard to register and hard to defend.
• Filing too few classes to save money, leaving the services you will develop later unprotected.
• Registering the company and forgetting the trademark: they are two different protections. Entry in the commercial register does not amount to a trademark right.
• Starting to communicate the brand before the prior-art search, risking having to start from scratch.

The trademark is part of the company valuation

For an SME that is growing or preparing to raise capital, an orderly IP portfolio carries weight. Investors and buyers look at whether the brand is protected, owned by the company (not by the founder personally) and free of conflicts. A well-managed trademark reduces legal risk and increases the transferable value of the company.

We at SIH ONE support founders and SMEs throughout the process: prior-art search, class strategy, filing with the IPI, watch service and coordination of international extensions, integrating trademark protection with the corporate and tax structure. Want to secure your brand before your next launch? Let’s talk.