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Frequently asked questions

Trademarks

What can be protected as a trademark?

Almost any sign that lets customers tell your goods or services apart from someone else's: words, names, logos, slogans, letter and number combinations, and in some cases shapes, colours or sounds. What cannot be registered are signs that merely describe the product, generic terms, misleading indications, and signs that offend public order.

What conditions does a trademark have to meet?

It has to be distinctive - capable of identifying where the goods or services come from - and it must not be purely descriptive or deceptive. It also must not collide with earlier rights, such as trademarks already on the register or protected company names. The IPI does not check conflicts with earlier marks for you - which is why we recommend a proper availability search before any filing.

How does registration work in Switzerland?

You file an application with the Swiss Federal Institute of Intellectual Property (IPI), naming the mark and the goods and services it should cover. The IPI examines the application on formal and absolute grounds and then registers the mark. Publication of the registration opens a three-month window during which owners of earlier marks may file an opposition.

How long does trademark protection last?

Ten years from the filing date - and it can be renewed for further ten-year periods without limit. A trademark is the only IP right that can, in principle, live forever.

Do I actually have to use my trademark?

Yes. If a Swiss trademark goes unused for five consecutive years, any third party can request its cancellation for non-use. Keeping evidence of use is part of good portfolio housekeeping.

Isn't my company name or domain enough?

No - they are three different things. Entering a name in the commercial register or buying a domain gives you no trademark rights, and vice versa. The safest position is to align all three: company name, domain and registered trademark.

How do I protect my trademark abroad?

Usually through the Madrid System administered by WIPO, which extends a Swiss base mark to the countries you select in one procedure. Direct national filings or an EU trademark at the EUIPO can be the better route depending on your markets - we design the strategy case by case.

Patents and designs

What can be patented - and what should I avoid before filing?

Patents protect technical inventions that are new, involve an inventive step and are industrially applicable. Mere ideas, discoveries and business methods as such are excluded. One rule matters above all: keep the invention confidential until the application is filed - your own publication can destroy novelty and with it the patent.

How long does a patent last, and which route should I take?

Up to twenty years from filing, subject to annual fees. Protection in Switzerland can be obtained through a national filing or through a European patent validated in Switzerland; the right route depends on your budget and target markets.

What do design rights cover?

The appearance of a product - its shape, lines, surfaces and colours. In Switzerland a design must be new and original, and protection runs in five-year periods up to a maximum of twenty-five years. File before showing the product publicly wherever possible.

Copyright and proof

Do I need to register copyright?

No. In Switzerland copyright arises automatically the moment a work is created - there is no copyright register. Protection generally lasts for seventy years after the author's death.

How do I prove that my work existed on a given date?

Because there is no register, the burden of proof is on you. A cryptographic timestamp is one practical way to strengthen your position: it seals a fingerprint of your file against a trusted time source, which can later help to show that the file existed in that form at that time. Our online timestamping service issues a verifiable certificate in minutes for CHF 29.

Is a blockchain timestamp accepted as evidence?

A timestamp can be verified independently by anyone, without relying on us. It is not a legally prescribed form of proof, however: what weight it carries is for a court to assess freely in each individual case. It documents the existence and integrity of a file at a given date; it does not by itself prove who the author is. We advise on the evidence strategy that fits your situation.

Working with us

What does it cost?

Our professional fees are published on the pricing page; official fees of the IP offices come on top and we always state them separately (the official Swiss filing fee for a trademark, for example, is CHF 350 for an online filing, CHF 450 on paper). The first consultation is free, so you know where you stand before spending anything.

Do you also handle conflicts - oppositions, infringements, piracy?

Yes. We represent clients in opposition and cancellation proceedings, act against counterfeits and domain grabbing, and manage take-downs of pirated content. Prevention is cheaper than litigation, which is why monitoring is part of our portfolio management.

Where do you work, and in which languages?

We are based in Lausanne and act throughout Switzerland, in the EU, in Ukraine and in Central Asia through our partner network - in English, French, German, Ukrainian, Russian and Polish.

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DO Innovations S.A. Chemin de Bon-Abri 26a
1007 Lausanne
Switzerland
+41 79 199 80 73
admin@do-innovations.ch
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