Trademarks

Concept of trademark

The trademark is a sign that is suitable,

• to distinguish the goods or services of one undertaking from those of other undertakings; and
• to be represented in the trademark register in such a way that the competent administrative or judicial authorities and the public can clearly and unequivocally determine the subject matter of the protection granted to its proprietor.

Trademarks may be, in particular, words, including personal names, or images, letters, numerals, colors, the shape, presentation or packaging of goods, sounds or the combination of such elements with each other or with colors.  

The requirement that a trademark be graphically presentable is not a prerequisite for its registration. A sign may therefore be represented in any appropriate form using generally available technology. What matters is that the representation is clear, precise, self-contained, easily accessible, intelligible, durable and objective.

Function of the trademark

The trademark serves to identify goods or services of a company and to distinguish them from offers of other companies. However, it is not only intended to serve as an indication of origin, but also to distinguish certain goods or services of a particular business from the goods or services of another business. The trademark thus also fulfills a marketing function.

The trademark has a protective or defensive function. It embodies the owner's right to prevent the use of identical or similar trademarks.

Finally, the trademark also has a guarantee function. This means that misleading trademarks are excluded from protection if the ideas aroused by the trademark, for example about the geographical origin of the goods or services or about their quality, cannot be fulfilled.

Term of protection

The term of protection is ten years. Registration may be renewed as often as desired for additional periods of ten years.

Representation

For parties to administrative or judicial proceedings governed by the Gesetz über den Schutz von marken und Herkunftsangaben (MSchG; LR 232.11 - Law on the Protection of Trademark and Indication of Source) and with a domicile, seat or place of business in an EEA member state or in Switzerland, it shall be sufficient to appoint a domestic agent for service of process to participate before the competent administrative or judicial authorities.