SWITZERLAND Law and Practice Contributed by: Peter Schramm, Timmy Pielmeier, Michael Ritscher and Andrea Schäffler, MLL Legal
must indicate precisely how the claimed goods and/or services are to be divided. The division gives rise to legally independent registrations 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 fil - ing fee must be paid for each partial application. Dividing a trade mark can facilitate the appli - cation process – eg, by splitting components that could potentially give rise to conflicts from unproblematic parts. Some rights owners divide trade marks to facilitate 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 concern - ing the registration process. Depending on the particular issue, a grace period is set by the IPI. Incorrect information 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 descriptive); • signs include shapes that constitute the nature of the goods themselves, or shapes of the goods or their packaging that are techni - cally necessary; • a sign is misleading; or
• a sign is contrary to public policy, morality or applicable law (eg, in cases of insignia of international organisations). Relative grounds for refusal are not subject to the initial evaluation process. However, after pub - lication of an applied-for trade mark, potential opponents have the possibility to file an opposi - tion referring to relative grounds for refusal (see 5. Trade Mark Procedure for Inter Partes Pro- ceedings ). When the IPI concludes that the application should be dismissed, it gives the applicant a rea - soned preliminary opinion. The applicant is invit - ed 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. Therefore, it is possible to register a trade mark in as many countries as the applicant intends (provided the designated countries are also members of the Madrid System). It is possible to submit the trade mark application 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 opposition against the registration of a later trade mark with the IPI based on so-called rela - tive grounds for refusal. The opposition must be filed within three months after the publication of the registration, stating the legal grounds for the opposition. An extension of the time limit for filing an opposition is not permissible. Within the
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