Publications in intellectual property

Why checking the availability of my trademark is important ?

Check the availability of my trademark: a vital step in order to generate value

Because your brand is an asset of your company, and because it allows you to convey values, know-how, history and commitment to your clients, you should make sure that it is available for use in order to avoid any litigation with third parties who could claim prior rights.

Why checking the availability of my brand is important?

A new trademark, word or device, can be opposed by third parties with prior rights. Therefore, it is vital to check its availability before registering and using it. This important check will allow you to identify and overcome any existing obstacle in your target markets. These obstacles can be previously registered trademarks, famous marks, company names or domain names. They can lead to litigation and even prevent you from using your trademark at all.

How can I check if my trademark is available or not?

This can be done by conducting a similarity trademark search on your target markets (current and future), in your field of activity. This search will identify prior marks – identical but also confusingly similar – which are (too) close to your trademark project, which could create confusion in the consumer’s mind and therefore lead to an opposition from a third party.

How does this similarity trademark search work and why should you order it from us?

The search reports are delivered to us with raw information that we will review to perform a legal analysis. We will consider the alphabetic and phonetic similarities between the reported trademarks and your trademark, as well as the similarity of goods and services, to assess the risks and provide you with our recommendation in order to securely overcome these risks.
This is a time-saver for you since the search and the legal analysis are conducted by our firm. Your mere task will be to review our recommendation and let us know how to move forward with your project!

Other publications

Swiss authorities relax examination practice for trademarks featuring a place name

The Swiss Federal Institute of Intellectual Property Institute has decided to significantly relax its practice regarding trademarks containing a geographical name. An indication of source is no longer per se found misleading if its correct use is possible. Therefore, under Art. 2 (c) TmPA, it will no longer be a requisite to limit the list of goods and services to their geographical origin for trademarks containing an indication of source. The limitation is requested for some specific indications only, on the basis of the violation of the law in force (Art. 2 (d) TmPA).

Overview of appellations of origin and geographical indications in Switzerland in light of the forthcoming ratification of the Geneva Act

Geographical indications (GIs) and appellations of origin (AOs) protect the names of products for which the quality or the reputation is linked to a specific area. Their registration allows to prevent them from becoming generic or misused, which could not only harm the local producers through unfair competition, but also mislead consumers as to where the goods come from. The way of protecting GIs differs significantly from country to country. In Switzerland, there is a sui generis right system in place. In addition, parliamentary work is under way for the future ratification of the Geneva Act of the Lisbon Agreement on AOs and GIs which would allow to register them through the international procedure at WIPO.

For your success

Based in Geneva, SEDIN assists you in protecting, enhancing and defending your trademarks and intellectual property assets in Switzerland and internationally.