A trademark registration is separate from the company name registration in the commercial register. The company name protects the legal entity’s identity; the trademark protects the brand used to market goods and services. Both can be identical — and for most businesses, they should be — but they are governed by different laws, registered with different authorities, and confer different rights.
This guide covers the Swiss trademark system from the perspective of a company founder. For the company formation process itself, see our registration guide. For an overview of starting a business as a foreigner, see for foreigners.
Why register a trademark in Switzerland?
Trademark registration provides three things that unregistered brand use does not:
1. Exclusive right. The registered owner has the exclusive right to use the mark in connection with the registered goods and services throughout Switzerland and Liechtenstein. Third parties who use an identical or confusingly similar mark can be stopped through civil proceedings.
2. Presumption of ownership. Registration creates a legal presumption that the registrant is the rightful owner. Without registration, proving ownership requires evidence of prior use, market recognition, and often expensive litigation.
3. International extension. A Swiss registration can serve as the base for an international trademark application under the Madrid Protocol, providing protection in over 130 countries through a single WIPO filing.
Cost of not registering: If a competitor registers your brand name as their trademark (even in bad faith), you bear the cost of opposition or cancellation proceedings — typically CHF 5,000-30,000 in legal fees. Registration at CHF 550-3,500 is the cheaper insurance.
What can be registered as a Swiss trademark?
Under MSchG Art. 1, a trademark is any sign capable of distinguishing goods or services of one undertaking from those of another. Registrable marks include:
| Type | Examples |
|---|---|
| Word marks | ROLEX, SWATCH, NESTLÉ |
| Figurative marks | Logos, symbols, graphic designs |
| Combined marks | Word + logo combination |
| 3D marks | Product shapes (e.g., Toblerone packaging) |
| Sound marks | Jingles, audio logos |
| Colour marks | Specific colours (rare, requires distinctiveness) |
| Position marks | Placement of a sign on a product |
What cannot be registered (absolute grounds, MSchG Art. 2):
- Signs in the public domain (generic terms, common symbols)
- Descriptive signs (“Swiss Chocolate” for chocolate)
- Misleading signs (suggesting qualities the product does not have)
- Signs contrary to public order or morality
- Signs identical to official emblems (Swiss cross, cantonal arms) — with specific exceptions for the Swiss cross on goods under the Swissness legislation
How much does trademark registration cost?
| Item | Cost |
|---|---|
| IPI filing fee (up to 3 classes, paper) | CHF 550 |
| IPI filing fee (up to 3 classes, online) | CHF 450 |
| Each additional class | CHF 100 |
| Accelerated examination | CHF 400 |
| Opposition proceedings (if needed) | CHF 800 |
| Assignment recording | CHF 100 |
| Renewal (every 10 years) | CHF 700 |
| Attorney fees (search + filing + follow-up) | CHF 1,000–3,000 |
Total for a typical registration (3 classes, online, with attorney): CHF 1,500–3,500.
For comparison: a European Union Trade Mark (EUTM) through EUIPO costs EUR 850 for one class and covers 27 EU countries. However, the EUTM does not cover Switzerland (which is not an EU member). Companies operating in both markets need separate Swiss and EU registrations.
How do you search for existing trademarks?
The IPI does not examine on relative grounds — it does not check whether your mark conflicts with an existing registration. If you register a mark that is identical or similar to an existing one, the prior owner can oppose your registration or sue for infringement. The search is therefore your responsibility.
Free search tools:
- Swissreg (swissreg.ch): The official Swiss trademark database. Search by word, image, holder, or number. Free and up to date.
- TMview (tmview.org): Cross-database search covering Swiss, EU, WIPO, and most national registries worldwide. Free.
- WIPO Global Brand Database: Covers international registrations designating Switzerland.
Professional searches: A trademark attorney can conduct a full availability search covering phonetic similarities, visual similarities, and conceptual similarities across relevant classes. Cost: CHF 500-1,500. This catches conflicts that a simple word search misses.
Company name check: Also verify the mark against the Swiss commercial register (Zefix) to avoid conflicts with existing company names.
How do you file a trademark application?
Step 1 — Define the mark. Decide on the exact form: word only, logo, or combination. A word mark provides the broadest protection (it covers the word in any font, colour, or style). A figurative mark protects only the specific design.
Step 2 — Select classes. Choose the Nice Classification classes that cover your goods and services. The IPI provides a classification assistant to help identify the correct classes.
Step 3 — File the application. Submit through the IPI’s e-trademark portal (online) or by post:
- Applicant details (name, address, nationality)
- Representation of the mark (word, image file)
- List of goods and services per class
- Priority claim (if applicable — e.g., based on a prior filing in another country within six months)
- Filing fee payment
Step 4 — Receive filing confirmation. The IPI acknowledges receipt and assigns an application number. The filing date establishes your priority.
What happens after filing?
Formal examination (1-2 weeks). The IPI checks that the application is complete: fees paid, classes properly specified, mark clearly represented.
Substantive examination (2-3 months). The IPI examines the mark against absolute grounds only:
- Is the mark distinctive (not generic or descriptive)?
- Is it misleading?
- Does it conflict with protected emblems?
If the IPI raises an objection, it issues a provisional refusal with reasons. The applicant has a set deadline (typically 2-4 months) to respond — either by arguing against the refusal or by amending the application (narrowing the class specification, disclaiming a descriptive element).
Publication. Once the examination is passed, the mark is registered and published in the Swiss Trademark Gazette (Swissreg).
Opposition period (3 months). After publication, third parties with prior rights can file an opposition (CHF 800 fee). If no opposition is filed, the registration becomes final.
Total timeline: approximately 3-4 months without objections, 6-12 months if opposition proceedings arise.
How long does a Swiss trademark last?
A Swiss trademark registration is valid for 10 years from the filing date. It can be renewed indefinitely for further 10-year periods by paying the renewal fee (CHF 700) before the expiry date.
Grace period: If the renewal fee is not paid by the expiry date, there is a six-month grace period during which renewal is still possible with an additional surcharge. After the grace period, the mark is cancelled.
Practical tip: Set a calendar reminder for nine months before expiry. Missed renewals require re-filing and re-examination, and in the interim the mark is unprotected — a competitor could register it.
Can you extend protection internationally?
Yes, through the Madrid Protocol (administered by WIPO, Geneva). Switzerland is a member, and a Swiss trademark registration can serve as the “base mark” for an international application.
Process:
- File an international application through the IPI (which forwards it to WIPO)
- Designate the countries where you want protection
- WIPO notifies each designated country’s trademark office
- Each country examines the mark under its own law and may refuse or accept
Costs:
- WIPO basic fee: CHF 653 (black and white) or CHF 903 (colour)
- Individual country designation fees: vary widely (e.g., EUR 897 for the EU via EUTM, USD 400-600 for the US, JPY 46,000+ for Japan)
- IPI transmission fee: CHF 100
Advantage: One application, one set of fees, one renewal date for protection in 130+ countries. Without the Madrid Protocol, you would need to file separately in each country through local attorneys — far more expensive.
Key limitation: If the Swiss base mark is cancelled within the first five years (through non-use, opposition, or revocation), the international registration based on it also falls. After five years, the international registration becomes independent.
How do you enforce a Swiss trademark?
If a third party uses your registered mark without authorisation:
Step 1 — Cease and desist letter. A formal letter from a trademark attorney demanding the infringer stop using the mark. This resolves most cases without litigation. Cost: CHF 500-2,000.
Step 2 — Civil proceedings. File a lawsuit with the cantonal court at the infringer’s domicile or the place of the infringing act. Available remedies:
- Injunction (prohibiting further use)
- Destruction of infringing goods
- Damages (lost profits or reasonable licence fee)
- Publication of the judgment
Step 3 — Customs measures. Request the Swiss Customs Administration to seize counterfeit goods at the border. The trademark holder files an application for intervention — goods suspected of infringing are detained for up to 15 working days while the holder decides whether to pursue legal proceedings.
Criminal enforcement. Intentional trademark infringement is a criminal offence under MSchG Art. 61, punishable by up to one year of imprisonment or a fine. Criminal proceedings are rare for garden-variety infringement but used against organised counterfeiting.
Why you can trust this guide
This guide is written by Florian Rosenberg, who has handled trademark strategy and brand protection for Swiss company formations. All fees are current as of 2026. Legal references cite the Federal Trademark Protection Act (MSchG) and IPI published fee schedules. Verify any point against the primary source.