SWITZERLAND Trademark Regulations 6

Chapter 6 International Registration of Trademarks

SECTION 1 APPLICATION FOR INTERNATIONAL REGISTRATION

 47 Filing of Application

• (1) Applications for international registration of a trademark shall be filed with the Institute if Switzerland is the country of origin within the meaning of Article 1(3) of the Madrid Agreement Concerning the International Registration of Marks of April 14, 1891 (Madrid Agreement).
  
• (2) The application must be filed using the official form or a form approved by the Institute.
  
• (3) The goods and services for which the mark is claimed shall be given in the French language.
  
• (4) The national fee shall be paid on filing of the application. If the trademark is not yet entered in the Swiss Register, the fee shall become due at the time of registration.
  

 48 Examination by the Institute

• (1) If an application to be filed with the Institute does not comply with the formal requirements that it has to satisfy under the Trademark Law or under this Ordinance or if the prescribed fees have not been paid, the Institute shall give the applicant a time limit for removing the defect.
  
• (2) If the defect is not removed within the time limit given by the Institute, the application shall be refused. Exceptionally, the Institute may give further time limits.
  

 49 File

The Institute shall keep a file for each internationally registered trademark for which Switzerland is the country of origin.

SECTION 2 EFFECT OF INTERNATIONAL REGISTRATION IN SWITZERLAND

 50 Opposition Procedure

• (1) In the event of opposition to an international registration, the period for opposition under Article 31(2) of the Trademark Law shall begin on the first day of the month following the month of publication in the organ of publication issued by the International Bureau.
  
• (2) The Institute shall keep a file showing the sequence of the opposition procedure.
  

 51 Suspension of Decision

Where opposition is based on an international registration that is the subject of a provisional refusal of protection by the Institute, the Institute may suspend its decision on the opposition until the matter of refusal of protection has been finally decided.

 52 Refusal of Protection and Withdrawal of Protection

• (1) The following rules apply to internationally registered trademarks:
  
  • (a) rejection of the request for registration under Article 30(2)(c) and (d) of the Trademark Law and cancellation of the registration under Article 33 of the Trademark Law shall be replaced by refusal of protection;
    
  • (b) cancellation of the registration as a result of nullity under a final court decision (Article 35(c) of the Trademark Law) shall be replaced by withdrawal of protection.
    
• (2) The Institute shall not publish refusals of protection or withdrawals of protection.
  

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