You are not legally required to register a trademark to gain protection in Switzerland, as prior use of a mark may grant limited rights. However, trademark registration in Switzerland is strongly recommended if you want full, enforceable ownership of your brand name, logo, business name, product name, or other brand elements.
A registered Swiss trademark offers:
- Exclusive nationwide rights
- Stronger legal standing in case of infringement
- Proof of ownership for online platforms and marketplaces
- Increased customer trust and brand credibility
- Long-term protection as your business grows within Switzerland and internationally
To obtain a registered trademark in Switzerland, applications must be filed with the Swiss Federal Institute of Intellectual Property:
It’s important to note that European Union trademarks do NOT provide protection in Switzerland, since the country is not a member of the EU. To secure rights in Switzerland, you must either:
- File a national Swiss trademark application, or
- Designate Switzerland through an International Registration under the Madrid System.
Switzerland is a member state of the Madrid Protocol, so you can extend protection to Switzerland via the Madrid System.
By default, a logo (device) mark in Switzerland is filed without a color claim. If you want color to be protected as a distinctive element, you must explicitly instruct that color be claimed.
If you register a combined trademark (word + figurative elements), your exclusive right is limited to the exact configuration as filed and registered. If you plan to use the word element and the logo independently, it is advisable to file separate trademarks—one for the word mark and another for the figurative element.
For most companies, especially those planning international expansion, registering a trademark in Switzerland through the appropriate route (national or Madrid) is one of the most effective strategies to secure and grow your brand.