How long is there to oppose?
Three months from publication of the registration. It is a forfeiture period: it is not extended, not restored, and it runs whether or not you saw the publication. That is the whole purpose of monitoring.
Art. 31 TmPA
Trademark monitoring
The Federal Institute does not set trademarks against each other: it registers, publishes, and the burden of reacting is entirely yours. The opposition period is three months from publication. After that only civil action remains, far slower and more expensive.
Who it is forOwners of a registered trademark, companies whose name is their main asset, creators and niche brands, businesses that have already faced an attempt on their name.
Order
Active monitoring of new filings close to yours, for one year, with an alert within the week and the opposition note ready where needed.
Understand
How long is there to oppose?
Three months from publication of the registration. It is a forfeiture period: it is not extended, not restored, and it runs whether or not you saw the publication. That is the whole purpose of monitoring.
Art. 31 TmPA
What if I miss the deadline?
Civil action for cessation before the competent cantonal court remains, based on your earlier right. Possible, but the order of magnitude of the costs is different, and the opposing mark is by then registered and in use.
Art. 52 and 55 TmPA
Must a trademark owner act?
Yes, to keep the mark strong. Tolerating the lasting use of a similar sign weakens your position, and prolonged inaction can be raised as forfeiture of the right to act under the rules of good faith.
Art. 2 CC, Federal Supreme Court case law
What does the watch cover?
New Swiss filings published by the Federal Institute, and international registrations extended to Switzerland. The comparison is not limited to identical signs: we also follow marks close in sound, spelling or meaning, in the classes touching your activity.
Art. 3 TmPA
Going further
FAQ
Yes, monitoring protects an existing right. If you have not filed yet, start with the filing: without an earlier right there is no opposition.
The filing detected, its owner, its classes, the publication date, the opposition deadline, and our assessment of the likelihood of confusion. You then decide, informed.
The reasoned opposition note is prepared as part of the monitoring. The formal filing and the proceedings that follow are charged separately, and we tell you beforehand whether the case is worth pursuing.
We say so too, and that is the most frequent case. Useful monitoring sorts, rather than flooding you with alerts of no consequence.
This service covers Switzerland, including international registrations extended to it. For other territories, tell us which before ordering.
A question before ordering?
A registered trademark to watch, several names in a range, a suspicious filing already spotted: say so here. Personal reply within two business days.