Switzerland: Common Misconceptions in Trademark Law

Trademark law is a complex field that often poses questions and uncertainties for entrepreneurs, creatives and start-ups. To provide clarity, in this blog we dedicate ourselves to some common misconceptions that can lead to costly mistakes.

Misconception 1: I have the domain name, so the name belongs to me
It is a common misconception that the owner of a domain automatically owns the rights to the name it contains. In fact, domain names and trademark rights are two different legal spheres. Owning a domain does not automatically secure the exclusive right to use the name in a business context. Trademark rights must be applied for and registered separately to ensure protection against unauthorized use by third parties.

Misconception 2: I used it first – that’s enough
In Switzerland, registration priority applies. The license plate that was first registered with the IPI takes precedence. The date of filing is decisive. If a trademark that was first used as a trademark but not registered collides with a registered trademark, the registered trademark takes precedence. However, whoever used the sign first may continue to use it to the same extent (Art. 14 MSchG).

Misconception 3: My brand is unique – no one will take action against it
Even if a trademark appears unique, it doesn’t mean that it can’t be infringed or that no one will object. Other trademark owners may use similar signs that could lead to confusion. Without proper research and trademark registration, there is a risk of getting involved in costly legal disputes later on.

Misconception 4: I’ll protect it later when the business is going well
Time is of the essence in trademark law. The sooner a trademark is protected, the better. Don’t wait until your business is successful to start thinking about brand protection. By this point, it may already be too late, as third parties may have already filed similar trademarks, which could lead to conflicts and restrictions on your operations.

Misconception 5: I only have protection in Switzerland – that’s enough
Trademark protection is territorial. This means that a trademark right registered in Switzerland does not offer protection in other countries. If you plan to do business internationally or offer your products and services across borders, you should think about an appropriate international trademark registration to secure your rights globally.

Misconception 6: I have had a word/figurative mark protected, so the name is also protected
A combined word/figurative mark and a brand name (word mark) are two different types of trademarks. Although the registration of a combined word/figurative mark protects the combination of word and image (overall impression), the term is not protected in isolation. Comprehensive protection requires the separate application of the word sign.

Misconception 7: Trademark protection is expensive – I’ll do it alone for now
The cost of filing and maintaining trademark rights is small compared to the potential costs of trademark litigation. Investing in professional trademark application assistance can save costs in the long run by avoiding errors that could lead to trademark application rejection or litigation. Expert advice ensures that your brand is protected correctly and effectively.

Conclusion
Understanding these fallacies and proactively securing your trademark rights can be the difference between your company’s success and failure. It is worth investing in the protection of your intellectual property and minimizing potential risks.

Keep in mind that the registration process of a trademark can be complex and often requires specific expertise. Working with a brand specialist is not only an investment in the security of your brand, but also a hedge against costly mistakes. Our experts at VISCHER have the necessary expertise and experience to guide you through the entire process and make your brand a strong and protected asset of your company. In addition, we have a worldwide established network of IP specialists who can be called in if necessary.

We hope to have given you helpful insights with this blog and cordially invite you to get in touch with our specialists to clarify your individual questions and successfully establish your brand. Your success is our concern and we are happy to support you on the way there.