Which rights does a trademark owner have?
The trademark owner has the exclusive right to use his mark in business and advertising for the goods or services it represents.

What can you do against trademark infringement?
Should a third party apply for the registration of a similar or identical mark, the owner of the older mark may oppose, within a period of three month from the official publication of the infringing mark, against the registration of the similar or identical mark and request its deregistration. For other trademark infringements the owner of a trademark needs to institute regular civil proceedings at the court competent for the individual case.

Can a third party register my mark as a domain name?
The trademark law basically also offers protection from third parties using my trademark as a domain name. As owner of the trademark "Whoops", which is registered for ties, I do not have to accept that a third party offers and sells shoes under www.whoops.ch.

What is a warning letter (notice)?
A warning letter in writing serves the purpose of alerting the infringer of an industrial property right (patent, trademark, design, copyright) concerning the unlawfulness of his behaviour. Upon receipt of the warning letter any future infringements are commited culpably as the warned infringer acts in bad faith, which again may lead to a liability for damages as from the notice of infringement. The warning letter needs to describe exactly which industrial property right is infringed by which acts of the infringer. Should the owner of the industrial property right know that his right (copyright, trademark, patent, design) is void by law or should he have serious doubts concerning its validity, a warning letter may cause a violation of competition law and claims for compensation of damages. In Switzerland a warning letter is no precondition for the filing of a lawsuit based on infringement. However, should the defendant acknowledge the prosecuted claim concerning infringement immediately after the judicial assertion, the plaintiff as a rule bears the costs of litigation. In order to lower the legal risks, warning letters are normally prepared by specialised law firms.

 

 

Logos: Pure figurative marks use the power of visualization. They count - think of the famous "Nestlé Bird's Nest" - the oldest trademark.