SWITZERLAND Trademark Regulations 3

Chapter 3 File and Trademark Register

SECTION 1 THE FILE

 36 Content

• (1) The Institute shall keep for each filed and registered trademark a file in which is shown the sequence of the registration procedure and of any opposition procedure, extension and cancellation of the registration, amendments to the trademark right as also any other amendments to the registration.
  
• (2) The regulations governing a guarantee or collective mark shall also be comprised in the file.
  
• (3) Supporting documents that disclose manufacturing or business secrets may be held separately, on request or ex officio. Such fact shall be noted in the file.
  

 37 Inspection of Files

• (1) Prior to registration of the mark, the following persons may inspect the file:
  
  • (a) the applicant and his representative;
    
  • (b) persons who can prove that the applicant has claimed that they infringe the right in the mark applied for or has warned them of such infringement;
    
  • (c) other persons, with the explicit consent of the applicant or his representative.
    
• (2) The persons referred to in Subsection (1) may also inspect the files of withdrawn or refused applications for registration.
  
• (3) Following registration of a trademark, any person may inspect the file.
  
• (4) Inspection of separately held supporting documents (Article 36(3)) shall be decided by the Institute after hearing the applicant or owner of the trademark.
  
• (5) Inspection in the form of provision of copies may be granted on request and subject to payment of costs.
  

 38 Information on Applications for Registration

• (1) The Institute shall provide information concerning pending applications for registration to other persons on payment of a fee.
  
• (2) Such information shall be limited to those particulars that will be published in the event of subsequent registration of the trademark.
  

 39 Storage of Files

• (1) The Institute shall store the files of completely cancelled trademark registrations in the original or as a copy for a period of five years following cancellation.
  
• (2) It shall store the files of withdrawn or refused applications for registration and of completely cancelled registrations (Article 33 of the Trademark Law) in the original or as a copy for a period of five years following withdrawal, refusal or cancellation, but for a minimum of 10 years after filing.
  

SECTION 2 THE TRADEMARK REGISTER

 40 Content of Register

• (1) The entry of a trademark in the Register shall contain:
  
  • (a) the registration number;
    
  • (b) the filing date;
    
  • (c) the name and forename or trade name, together with the address, of the trademark owner;
    
  • (d) name and address of the representative, where appropriate;
    
  • (e) a reproduction of the trademark;
    
  • (f) the goods and services for which the trademark is claimed in the order and with the classes of the Nice Classification;
    
  • (g) the date of publication of the registration.
    
• (2) The entry shall additionally contain, where appropriate:
  
  • (a) a statement of the claimed color or combination of colors;
    
  • (b) the note "three-dimensional trademark";
    
  • (c) the note "accepted trademark";
    
  • (d) a statement that the trademark is a guarantee or collective mark;
    
  • (e) statements on claiming of priority under Articles 7 and 8 of the Trademark Law;
    
  • (f) the date and number of the international registration of the trademark.
    
• (3) The following further particulars shall also be entered in the Register, together with the date of publication:
  
  • (a) extension of the registration, together with the date on which the extension becomes effective;
    
  • (b) the complete or partial revocation of the registration;
    
  • (c) the complete or partial cancellation of the registration, stating the grounds for cancellation;
    
  • (d) the complete or partial assignment of the trademark;
    
  • (e) the grant of a license, with a statement, where appropriate, that it is an exclusive license, and, in the event of a partial license, with a statement of the goods and services or the field for which the license has been granted;
    
  • (f) usufruct or pledges in the trademark;
    
  • (g) limitations of use imposed by courts and enforcement authorities;
    
  • (h) amendments concerning registered particulars;
    
  • (i) notice of amendment to the trademark regulations.
    
• (4) The Institute may make further entries in the public interest.
  

 41 Inspection and Extracts from the Register

• (1) The Trademark Register shall be open to inspection by any person on payment of a fee.
  
• (2) On payment of a fee, the Institute shall provide information on the content of the Trademark Register and shall provide extracts from the Register.
  

 41a Priority Document Concerning an Initial Registration in Switzerland

On request, the Institute shall issue a priority document subject to the fee invoiced to that end having been paid.

[Prev] [Next]