Opposition Procedure

If a registered trademark infringes on an older trademark right in Switzerland, the owner of the older right(s) can demand that the conflicting trademark be cancelled in an opposition procedure.

The Swiss Opposition Proceedings are designed to provide a simple and cost-efficient way to quickly clear up questions of confusion between two trademarks. Three points need to be followed: (i) First, the opposition must be filed within a certain time limit (deadline for Swiss national trademarks is 3 months after the publication). (ii) Secondly, the official opposition fee of CHF 800 must also be paid within this time limit to the Swiss Institute. (iii) Thirdly, the reason for the opposition must be briefly stated (as there is typically only one exchange of submissions).

In case the owner of the conflicting trademark challenges the older trademark on the ground of non-use in the past 5 years, there will be a second exchange of submissions.

Overview Swiss Opposition Procedure according to the Swiss Trademark Act (TMA)
Short comments on the Swiss Opposition Procedure

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