Focus on brand Recognition
"Trademarked products are products which have style."
(Author unknown)
Basics
What can be protected by a trademark?
A trademark can protect identifying signs which serve to distinguish goods and services of one company from those of other companies. Typically, such signs are:
- words, e.g.
- Ovomaltine
- Ricola
- slogans, e.g.
- Who invented it?
- Cats would buy Whiskas!
- Red Bull gives you wings
- figurative illustrations, e.g.
- combinations of letters, e.g.
- UBS
- ABB
- SBB
- sequences of numbers, e.g.
- 501
- 911
- 4711
- three-dimensional shapes, e.g.
as well as combinations of such elements.
What requirements must be met?
The sign must be capable of being represented graphically and its overall impression must have distinctive character.
In order to be eligible for trademark protection, however, the sign must not be merely a factual statement about the kind, quality, method or place of manufacture, or the intended purpose or price of the product (i.e. it must not be merely descriptive).
What is the process?
A first application in Switzerland is usually advisable. The registration of the trademark can be completed within a few months.
On the basis of the first application, it is then possible to file an International Application within the priority period of 6 months from the first application date. This allows important markets also to be covered on an international level by means of a simple application procedure. We can undertake International Applications for you.
And the costs?
The costs of a trademark application in Switzerland are typically about CHF 1,500.
A trademark application for the EU, which we can undertake for you based on a Swiss basis trademark under the Madrid Agreement, usually gives rise to costs of about CHF 3,000.
Do you have any more questions?
Please look in the FAQs or contact us.
And now to the practice
An apple with a bite taken out of it would not usually be considered to be particularly desirable. Nevertheless, this sign enjoys huge renown as a trademark.
So what makes a good trademark?
A successful trademark lives from the positive image and the good reputation that it enjoys. It testifies to quality and characteristics for which the customer is prepared to pay a premium.
Establishing and maintaining a trademark is time-consuming and costly, but it is also very worthwhile. Although a trademark’s protection has to be regularly renewed, there is no restriction on the number of times it can be renewed, in contrast to patents, for instance. Thus, many of today’s best known trademarks are very very old. For example, think of Coca-Cola®, Heinz® and Maggi®. And yet they have moved with the times, as can also be seen for example in the development of the Shell® trademark since about 1900.
The Nivea® trademark has also fundamentally changed its appearance over the years:
Maintaining and protecting a trademark without losing its identity. That is: