12. December 2016

New Trademark Cancellation Procedure

On 1 January 2017 the new amended Swiss Trademark Act will enter into force, including the regulations about the new trademark cancellation procedure. Anybody is entitled to file a request for a trademark cancellation at the IPI due to non-use: The request for cancellation may be filed after expiration of the five-year grace period: Where the proprietor has not used the trade mark in relation to the goods or services for which it is claimed for an uninterrupted period of five years following the expiry of the opposition period with no opposition having been filed or upon conclusion of opposition proceedings, he may no longer assert his right to the trade mark, unless there are proper reasons for non-use (Art. 12 I Federal Act on the Protection of Trade Marks and Indications of Source, TmPA). Any person who invokes non-use of a trade mark is required to substantiate his claim; evidence of use is required to be provided by the proprietor of the trade mark (Art. 12 III TmPA ). The official fee for filing the cancellation request at the IPI is CHF 800.00.

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