Successful trademark protection is essential for companies to protect their identity and stand out from the competition. However, filing and registering a trademark is not enough to ensure long-term protection. In Switzerland and many other countries, a trademark must be actively used to maintain its rights. In this blog post, we explain why it is important to use your trademark and how to prove its use.

Switzerland

In Switzerland, there is an obligation to use registered trademarks. This means that a trademark must actually be used within five years of registration in order to maintain its protection. If a trademark is not used sufficiently within this grace period, the trademark can no longer be effectively held against third parties, and third parties can attack your trademark - for example, through cancellation proceedings. We therefore recommend that you regularly document the use of your trademark.

Other countries – other requirements

It is important to note that the requirements for proof of use may vary from country to country. In some countries, it is sufficient to register a trademark without the need for actual use. In other countries, proof of use may be even more stringent than in Switzerland - in the USA or the Philippines, for example, active proof of use must be submitted every few years. It is therefore advisable to check the specific requirements of each country before registering a trademark.

Proof of use

Use of a trademark can take many forms. It can involve selling goods or services under the trademark, but it can also involve advertising or using the trademark on packaging or business documents. It is important to be able to proof use of the trademark in order to protect your rights.

Examples of proof of use are:

1. Product packaging: If your trademark is clearly visible on the packaging of your products, this may be considered as sufficient proof of use. It is advisable to keep the packaging so that you can provide evidence in the event of a dispute.
2. Advertising material: Flyers, brochures or advertisements containing your trademark can serve as proof that you are actively promoting and using your trademark.
3. Sales documents: Invoices, shipping bills and price lists are useful proof of use.
4. Online presence: An active website or social media profiles where your trademark is prominently displayed can also serve as proof of use of your trademark. It is advisable to take and save screenshots.

Conclusion

Overall, the use of your trademark is an essential part of trademark protection. It is important to know the specific requirements and regulations in each country and ensure that you are actively using your trademark to maintain its protection.

Keep in mind that the trademark registration process can be complex and often requires specific legal knowledge. Working with a trademark specialist is not only an investment in the protection of your trademark, but also a safeguard against costly mistakes. Our specialists at VISCHER have the necessary expertise and experience to guide you through the entire process and make your trademark a strong and protected asset of your business. We also have an established worldwide network of IP specialists who can be consulted if necessary.

We hope this blog has provided you with helpful insights and invite you to get in touch with our specialists to clarify your individual questions and successfully establish your trademark. Your success is our concern and we are ready to support you along the way.

Authors: Mirjam Frick, Jacqueline Burri, Monika Llanderrozas (Team Lead), Marcia Eigenmann and Ariane Niemeyer