SWITZERLAND Law and Practice Contributed by: Philippe Nordmann, Marion Bähler, Dario Glauser, Christian Hagen and Samuel Lieberherr, Walder Wyss Ltd
existence of a Federal Council ordinance or an equivalent foreign regulation. Amongst others, the following types of trade marks are available: • word marks; • figurative marks (optionally with a colour claim); and • combined word and figurative marks (option - ally with a colour claim). The trade mark owner has the exclusive but transferable and licensable right to use the trade mark for goods or services for which it is regis - tered and can prohibit third parties from using it. Application Swiss trade mark applications must be filed with the Swiss Federal Institute of Intellectual Prop - erty. Enforcement and Remedies Any trade mark can be challenged by means of an opposition if it could be confused with one or more other trade marks. The opposition must be filed with the Swiss Federal Institute of Intel - lectual Property within three months upon reg - istration of the trade mark. Trade marks can be challenged at any time after the expiration of the opposition period before ordinary civil courts. Trade mark infringements can be prosecuted through both civil actions and criminal proceed - ings. The cancellation of a trade mark can be request - ed after a non-interrupted period of non-use of five years; it should be noted that the use of a trade mark either by the trade mark owner or by a third party with the consent of the trade mark
owner is sufficient to prevent successful cancel - lation requests. Length of Protection Trade marks are protected for an initial period of ten years from the date of filing and can be renewed for an unlimited number of additional ten-year periods. 7.3 Industrial Design Definition The design of products or parts of products is characterised in particular by the arrangement of lines, surfaces, contours or colours, or by the materials used. Designs can be protected if they are: • new (ie, they have not been made publicly available prior to the date of application or priority); and • sufficiently distinctive from existing designs in terms of key features. They must also not be: • otherwise unlawful; • contrary to public policy, explicitly forbidden or immoral; or • only comprised of features dictated solely by the technical function of the product. The owner of a design has the exclusive right to its use and can prevent third parties from using it for commercial purposes. Protection covers the external appearance and visual impression of a product. The production, utility, intended use and technical effects of a design are not protected. Animated creations are not covered by design protection in Switzerland.
812 CHAMBERS.COM
Powered by FlippingBook