World Intellectual Property Organization

Switzerland (CH)

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Miscellaneous

Nice Classification

A class heading is deemed to include only indications that are considered to be related to the heading, and is not deemed to include all goods and services of the relevant class.
The Office does not accept the heading “personal and social services rendered by others to meet the needs of individuals” in class 45.

Representation before the Office

Local representation is required unless applicant accepts limitation of goods and services as proposed by Office.
List of local representatives.

Collective and Guarantee Marks

Regulations governing the use of the mark must be sent through a Swiss trademark attorney directly to the Office within six months from the date of international registration. Otherwise the Office issues a provisional refusal of protection
(see Information Notice No. 3/2004).

Replacement

Recording of replacement takes place upon request, filed with the Office. The national mark is not cancelled and continues to exist alongside the international registration.

Transformation

Apart from formalities, the Office examines resulting from transformation on absolute grounds also.

Maintenance Requirement

Not required.

Licenses

The IPI requires documents proving that the license has been granted, such as an express declaration through which the holder authorizes the licensee to use the trademark or, for example, a copy of the licensing contract.
The request must furthermore indicate the contracting parties for whom the license is being granted, the scope of the license and, if need be, its duration. As to partial licenses, there must also be indication of the products and/or services for which the license is being granted. Furthermore, should the license only be granted for a part of the territory of the Designated Contracting Party, that territory must be indicated.

Last updated on: September 11, 2012

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