Trademarks protect your brand name, logo, and slogan. In Switzerland and Germany, trademarks must be registered to be protected. Registration works geographically — you must register in each country where you want protection.
TL;DR
- Trademarks protect brand name, logo, and slogan.
- Trademarks must be registered to be protected. The registration works geographically, meaning you must register for each country you want to be protected in. Additionally, you can register for a European trademark that protects you throughout the entire EU.
- Once you registered your trademark, don’t forget to renew it and monitor any potential infringements.
- Book a free call with us.
What is a trademark?
Trademarks include brand name, logo, and slogan.
While domain names are not protected as trademarks, you can buy your domain name and, therefore, ensure its protection. In our digitalised world, this is very important as your website will likely be your brand’s visual identity.
How to choose my trademark?
Research what already exists on:
- the commercial register in your country (Swiss commercial register / German commercial register)
- the trademark database in your country (Swiss Trademark Database / German trademark database)
- International trademark registers, especially the European trademark database
- already registered domain names
Assess the risk of confusion. Some foreign systems may partially deny your trademark if there is a risk of confusion. You should assess whether consumers might mistakenly believe that two different products or services come from the same source due to similarities in their trademarks. If your trademark is too similar to the one of another company, consider making some changes.
Avoid descriptive trademarks, as such trademarks won’t be accepted by the competent registry. A descriptive mark (e.g., “Creamy” for an ice cream brand) cannot be registered as it lacks distinctiveness. Instead, a mark should be unique and distinguishable.
Refer to the 45 classes included in the Nice Classification to categorise goods and services related to your trademark, and choose the right class(es) to ensure proper protection in your business field.
- Conscious decision: The trademark registration is discussed early on the company’s journey and the decision to register or not a trademark is documented. The availability of the domain name and the trademark is researched.
- Research: Always do your research before launching your brand. Having to change the brand because the trademark or the domain name is already registered in a later stage will force the company to redo the whole branding process.
- Non-descriptive: Descriptive trademarks (e.g., “Creamy” for an ice cream brand) are avoided.
- Risk of confusion: The likelihood of confusion between the envisioned trademark and other similar trademarks is assessed.
- Applicable classes: The trademark is registered in all applicable classes from the Nice Classification.
How do I protect my trademark?
The protection of trademarks consists of the following components:
- Register your trademarks and domain names for your current and future goods and services in your territory.
- Renew trademarks regularly (every 10 years in Switzerland and Germany). You can renew indefinitely. If you don’t renew it, you will lose the trademark.
- Monitor and prosecute infringements.
The registration of trademarks works on a geographical level. If you register your trademark only in Switzerland or Germany, you will not be protected in other countries, including the EU and the USA. For the EU, you can register a European Union trademark, which grants protection across all member states. Registering everywhere is (too) expensive, and it is worth considering where a registration makes sense for your company.
FAQs
Do I need to register my trademark in Switzerland?
Yes, trademarks must be registered to be protected. Registration is geographic — register in each country where you need protection. An EU trademark covers all member states.
How do I choose a good trademark?
Research existing marks in trademark databases and commercial registers. Avoid descriptive marks (e.g., “Creamy” for ice cream). Assess confusion risk with similar marks. Register in the correct Nice Classification classes.
How long does a Swiss trademark last?
Trademarks must be renewed every 10 years in Switzerland and Germany. You can renew indefinitely. If you don’t renew, you lose the trademark.
Is a Swiss trademark valid in the EU?
No. Swiss registration doesn’t protect you in the EU. Register a European Union trademark for EU-wide protection. Consider where registration is most strategically valuable.
How do I get this done?
Check out our trademark services and book a free call.
Check out our blog posts to understand the pros and cons of registration, as it is not advised in all cases.
Trademark registration: reasons against
