SWITZERLAND Law and Practice Contributed by: Peter Schramm, Timmy Pielmeier, Michael Ritscher and Andrea Schäffler, MLL Legal
4.7 Revocation, Change, Amendment or Correction of an Application Any applicant can modify their trade mark free of charge during the entire registration process. Mate - rial changes are admissible but result in a postpone - ment of the filing/priority date. At a later stage, when the trade mark has been registered, modifications to the list of goods and services (restrictions only), for example, may be made in exchange for an administra - tive fee. Once the trade mark has been registered, the sign cannot be changed. Amendments require a formal request, which can be submitted in writing, via email to tm.admin@ekomm. ipi.ch or via the IPI online platform. 4.8 Dividing a Trade Mark Application Irrespective of a partial assignment, the list of goods and services of a trade mark application or registration can be divided at any time in such a way so that two or more trade marks or applications for registration are created. The prerequisite is a written application by the owner, which must indicate precisely how the claimed goods and/or services are to be divided. The division gives rise to legally independent registra - tions or applications for registration, which retain the filing and priority date of the original registration or application. In the event of the division of registration applications, a filing fee must be paid for each partial application. Dividing a trade mark can facilitate the application process – eg, by splitting components that could potentially give rise to conflicts from unproblematic parts. Some rights owners divide trade marks to facili - tate licensing or assignment. 4.9 Incorrect Information in an Application The IPI informs the applicant in writing about the nature of the legal or factual issues concerning the registration process. Depending on the particular issue, a grace period is set by the IPI. Incorrect infor - mation can be corrected. The IPI may be contacted free of charge at any time for the purpose of clarifying such issues and/or any open questions.
4.10 Refusal of Registration The IPI examines applications based only on absolute grounds of refusal in accordance with Article 2 of the Swiss Trade Mark Protection Act. Absolute grounds for refusal concern cases where: • signs are in the public domain (eg, merely descrip - tive); • signs include shapes that constitute the nature of the goods themselves, or shapes of the goods or their packaging that are technically necessary; • a sign is misleading; or • a sign is contrary to public policy, morality or appli - cable law (eg, in cases of insignia of international organisations). Relative grounds for refusal are not subject to the ini - tial evaluation process. However, after publication of an applied-for trade mark, potential opponents have the possibility to file an opposition referring to relative grounds for refusal (see 5. Trade Mark Procedure for Inter Partes Proceedings ). When the IPI concludes that the application should be dismissed, it gives the applicant a reasoned pre - liminary opinion. The applicant is invited to submit a reasoned opinion to overcome the IPI’s objections (eg, by accepting proposed alterations to the list of goods and services). 4.11 The Madrid System Switzerland is a member of the Madrid System. There - fore, it is possible to register a trade mark in as many countries as the applicant intends (provided the des - ignated countries are also members of the Madrid System). It is possible to submit the trade mark appli - cation online or in written form by post or via email. 5. Trade Mark Procedure for Inter Partes Proceedings 5.1 Timeframes for Filing an Opposition or Cancellation The owner of an earlier trade mark may file an opposi - tion against the registration of a later trade mark with the IPI based on so-called relative grounds for refusal. The opposition must be filed within three months after
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