Opposition

After publication of the registration of a trademark, the owner of an earlier trademark may file a written opposition against the registration of the trademark. The grounds on which the opposition may be based are found in Art. 31a MSchG (LR 232.11).

The opposition must be filed in writing with the Office of Economic Affairs within three months of the publication of the registration of the trademark, stating the grounds for opposition. The opposition fee is also to be paid within three months.

The Office of Economic Affairs informs the trademark owner of the filing of the opposition and gives him/her the opportunity to comment. The trademark owner may also raise the plea of non-use.

If no opposition is filed within one month, the trademark is cancelled for those goods and services against which the opposition is directed. This concludes the opposition proceedings.

If, however, an opposition is filed within the time limit, the opponent(s) will be given the opportunity to respond within two months.

To enable the parties involved to reach an amicable settlement, they shall be granted a period of at least two months at their joint request.

The Office of Economic Affairs then examines whether the opposition is justified for all or part of the goods or services. As a result, the registration is cancelled in whole or in part, or the opposition is rejected.

The decision on the opposition determines whether and to what extent the costs of the prevailing party are to be reimbursed by the losing party. 

Form

Opposition against registration of a trademark