SWITZERLAND Trademark Regulations

Chapter 1 General

 1 Responsibility

• (1) The Federal Institute of Intellectual Property (the Institute) shall carry out the administrative tasks arising out of the Trademark Law and out of this Ordinance.
  
• (2) Notwithstanding paragraph (1), the execution of Articles 70 to 72 of the Trademark Law and Articles 54 to 57 of this Ordinance shall be the responsibility of the Federal Customs Authorities.
  

 2 Calculation of Time Limits

Where a time limit is calculated in months or years and the date of receipt of a communication or the date on which the event initiating the time limit occurs is the last day of a month, the time limit shall end on the last day of the month in which it expires.

 3 Languages

• (1) Submissions to the Institute must be drafted in an official language of Switzerland, subject to Article 47(3).
  
• (2) Where supporting documents are not drafted in an official language, the Institute may require a translation together with certification, subject to Article 14(3). Where no translation or certification is filed, despite a request to do so, the document shall not be taken into account.
  

 4 More Than One Trademark Applicant or Owner

• (1) Where more than one person is the trademark applicant or owner, the Institute may require them to designate one such person or a third party to represent all of them.
  
• (2) If no representative is designated, despite a request to do so, the person mentioned first in the application for registration or in the Trademark Register shall be deemed the representative.
  

 5 Representation

• (1) Anyone who appoints a representative before the Institute under the Trademark Law or under this Ordinance or who is required to appoint a representative under Article 42(1) of the Trademark Law or Article 4(1) of this Ordinance, shall submit a relevant power of attorney.
  
• (2) The trademark applicant or owner for whom a representative is appointed under Article 42(1) of the Trademark Law may address submissions concerning withdrawal of the application for registration or a request for complete cancellation of the trademark registration directly to the Institute.
  

 6 Signature

• (1) Where the signature is lacking on a submission, the original date of filing shall be recognized if the signature is provided within 14 days of a request by the Institute.
  
• (2) The signature of a submission communicated by fax (telecopy) shall be recognized as legally valid if the original is submitted within 14 days of a request by the Institute.
  

 7 Fees

The Ordinance on the Fees of the Federal Institute of Intellectual Property of October 25, 1995, shall apply to the fees laid down in the Law or in this Ordinance.

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