Trademarks, copyright and designs

Your intellectual property - copyright - trademarks

Protect your intellectual property against unauthorized or abusive use. Register your trademarks and designs in Switzerland or abroad, or extend your existing registrations. Protect your copyrights against unauthorized use. Register your domain names. Ask our lawyers and IP attorneys for advice.

Trademarks, copyright and designs

Frequently asked questions

See the most frequently asked questions and find the solution to your problem.

01
What is a trademark and what can be protected?
A trademark is a sign that distinguishes the products or services of one company from those of other companies, such as a word or several words together, a combination of letters or numbers, a logo, a slogan or a three-dimensional shape. In principle, any distinctive sign that can be reproduced graphically can be protected as a trademark, as long as it is not identical or similar to an existing trademark and does not fall under a legal exception, for example because it belongs to the public domain or would be contrary to morality.
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02
How to protect a brand?
Brands are protected by filing an application with the Swiss Federal Institute of Intellectual Property. The application can be made for a protection in Switzerland only, or for international protection. It is also necessary to choose for which types of products the brand will be protected. These are known as classes of protection.
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03
How much does it cost to register a trademark?
The cost of registering a trademark depends on the number of countries in which it is to be registered and the number of classes of protection. It therefore varies greatly according to the needs of the trademark owner. For example, the fee charged by the Swiss Federal Institute of Intellectual Property for registering a trademark in Switzerland only, with a maximum of three classes of protection, is CHF 550.-.
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04
How long does trademark protection last?
A trademark is protected for 10 years from the date of the filing of the registration request. Protection can be extended indefinitely from 10 years to 10 years.
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05
What to do in the event of unauthorized use of a trademark?
When someone uses a trademark without right, the owner can take legal action to stop or prohibit use before it has even taken place. He can also have the objects on which his trademark has been illegally affixed confiscated and demand their destruction, as well as damages and compensation for moral injury from the usurper. It is also possible to lodge a criminal complaint against those using a trademark without right.
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06
What is considered works under copyright law?
According to copyright law, works are creations of the mind, whether literary or artistic, which have an individual character. This includes literary works (novels, poems, newspaper articles, scientific publications, texts published on the Internet, etc.), audiovisual works (films, photographs), musical works, works of fine art (paintings, sculptures, etc.), works with a scientific or technical content (plans, drawings, maps, etc.) and works of architecture. Photographs, even if they have no individual character, are also considered works.
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07
How to protect copyright?
In Switzerland, copyright is automatically protected from the moment works are created, with no specific steps required. There is therefore no need to announce the creation of works or to register them in any kind of register. Nor is there any need to add the words “copyright” or the corresponding acronym (©) to the works, although this may serve as a warning that the works are protected. It may, however, be useful to register the works in a way that proves their date or period of creation, for example on a digital medium or by filing with a lawyer or notary.
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08
How long does copyright protection last?
Works are protected for 70 years after the death of their author, except for software, which is protected for 50 years after the death of its author. Photographs without individual character are protected for 50 years from their creation.
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09
What to do in the event of unauthorized use of a copyright?
When someone uses works without right, the author of the works can take legal action to have the use stopped or prohibited before it takes place. He can also have objects created in violation of his copyright confiscated and destroyed, and claim damages and compensation for moral injury from the usurper. It is also possible to lodge a criminal complaint against those who use works without right.
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10
What is a design and what can be protected?
In order to be protected, a design - whether a drawing or a three-dimensional model - must be new and original, i.e. it must stand out from other existing designs. In principle, a design meeting these criteria can be registered, as long as it is not identical or similar to an already existing design, and does not fall under a legal exception, for example because its characteristics derive solely from its technical functions, or because it would be contrary to morality.
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11
How to protect a design?
A design is protected by filing an application for registration with the Swiss Federal Institute of Intellectual Property. The application can be made for protection in Switzerland only, or for international protection. It is possible to combine several designs in a single application.
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12
How much does it cost to register a design?
The cost of registering a design depends on the number of countries in which the design must be registered and the number of representations to be protected. It therefore varies greatly according to the needs of the owner. The fee charged by the Swiss Federal Institute of Intellectual Property for the registration of a design in Switzerland only, with a single representation, is CHF 200.-.
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13
How long does design protection last?
A design is protected for 5 years from the date of the filing of the registration request. It is possible to extend protection for four further periods of up to 5 years, for a total of 25 years.
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14
What to do in the event of unauthorized use of a design?
When someone uses a design without right, the owner of the design can take legal action to have the use stopped or prohibited before it takes place. He can also have the objects for which his design has been used illegally confiscated and demand their destruction, as well as damages and compensation for moral prejudice from the usurper. It is also possible to lodge a criminal complaint against those using a design without right.
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