In Switzerland, a trademark must be used within five consecutive years of the registration. Failing that, it remains valid but a third party (whom, for example, would like to use it) can bring a court or administrative action to request its cancellation for non-use. The use is required in connection with the goods and/or services designated, and in the form in which it is registered (except minor changes). According to the territiorality principle, the use must take place in Switzerland. However, a bilateral convention of April 13, 1892 between Germany and Switzerland on the reciprocal protection of patents, designs and trademarks provides that the use of a trademark in Germany is equivalent to its use in Switzerland, and vice versa, on the condition that the trademark is registered in both countries (Article 5, para 1). Thus, using a trademark in Germany allows to demonstrate its use in Switzerland. This provision is still valid today and might come in handy.
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