A registered trademark secures exclusive rights to your business name, logo and slogan. This guide explains the filing process with the IPI in Switzerland and the EUIPO in the EU — search, classes, examination, costs and common mistakes.
Protecting your brand is one of the most important steps when starting or growing a business. A registered trademark gives you exclusive rights to your business name, logo, slogan or other distinctive signs and helps prevent competitors from using confusingly similar branding. Whether you operate only in Switzerland or plan to expand across Europe, understanding the registration process is essential.
What is a trademark?
A trademark is a sign that distinguishes the products or services of one business from those of others. It may take various forms:
- business names
- logos
- slogans
- words or phrases
- letters and numbers
- certain shapes or colours (in specific cases)
A registered trademark provides legal protection and strengthens your brand's value.
Trademark registration in Switzerland
In Switzerland, trademarks are registered with the Swiss Federal Institute of Intellectual Property (IPI). Before filing an application, it is advisable to conduct an availability search, check for existing identical or confusingly similar trademarks, and determine the correct classes of goods and services under the Nice Classification.
The registration process
1. Trademark search
A professional search reduces the risk of refusal or future disputes with earlier trademarks.
2. Choose the correct classes
Trademark protection only applies to the goods and services listed in your application. The choice of classes therefore defines the scope of your protection.
3. File the application
The application includes the applicant's information, the representation of the trademark, the list of goods and services, and the applicable government fees.
4. Examination by the IPI
The IPI reviews whether the trademark meets the legal requirements (absolute grounds). It does not automatically refuse an application because of earlier similar trademarks — relative grounds are not examined ex officio. This is precisely why a prior search is so important.
5. Registration
If approved, the trademark is registered and published. Protection generally lasts ten years and can be renewed indefinitely every ten years.
Trademark registration in the European Union
Businesses planning to operate in several EU countries often benefit from a European Union Trade Mark (EUTM). An EU trademark is registered through the European Union Intellectual Property Office (EUIPO). A single application provides protection in all current EU Member States.
Advantages of an EU trademark
- a single application
- protection across all EU countries
- easier brand expansion
- cost-effective compared to filing separate national applications
Switzerland vs. the European Union
Switzerland: protection only in Switzerland, registered through the Swiss Federal Institute of Intellectual Property (IPI), suitable for Swiss businesses.
European Union: protection in all EU Member States, registered through the EUIPO, ideal for businesses operating across Europe.
Important: Switzerland is not an EU member. An EU trademark does not protect your brand in Switzerland — and vice versa. Anyone wishing to cover both markets generally needs both registrations (or an international registration via WIPO).
Common mistakes to avoid
Many trademark applications fail because applicants:
- do not perform a trademark search
- choose incorrect classes
- select descriptive names that cannot be protected
- wait too long while competitors file first
Obtaining legal advice before filing can save significant time and cost.
Why register your trademark early?
A registered trademark helps you protect your business identity, prevent unauthorised use by competitors, increase the value of your company, license or sell your brand, and build trust with customers and investors. In both Switzerland and the EU the first-to-file principle broadly applies: whoever files first has the stronger rights.
How Sobiera Legal Consulting can help
Sobiera Legal Consulting assists entrepreneurs and companies at every stage of trademark protection — from availability searches and strategic advice on brand protection to selecting the appropriate classes and preparing and filing the application, in both Switzerland and the European Union.
Whether you are launching a startup or expanding internationally, protecting your intellectual property should be one of your first legal priorities. Contact us for a consultation if you would like to secure your trademark in Switzerland or the EU.
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