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Non-use of a Swiss trademark during a period of over five years (so called grace period) can result in the loss of its protection; should the non-use of the trademark continue after said period, third parties may dispute the disused mark. This danger also consists with regard to combined word and device marks that are not used according to the registered sign anymore.

Swissberg recommends checking the trademark portfolio periodically.

Checklist:

• Have you already started to use your trademark(s) in Switzerland?
• When and where are you planning to start using the new trademark?
• Which trademarks are not in use (in Switzerland) at the moment?
• Have you changed a combined word and device trademark in the past (and not yet registered a respective new trademark)?
• Is there still an interest in trademarks which are not in use anymore?
• Will it disturb you if a third party will register and/or use your trademark that is not in use anmyore for identical or similar goods?
• When was the last check of your trademark portfolio (IP Due Diligence)?