When and why does it make sense to protect a brand?

A brand as a protected distinctive sign

Legally, a brand is a protected sign that a company uses to designate its products or services and serves as a distinguishing feature.
In principle, all graphically representable signs can qualify as brands. In addition to words, letters, and numbers, visual representations, three-dimensional shapes, or combinations of these elements may also serve as a basis.

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Brands protect reputation and finances

Brands are a key differentiating factor for companies. They invest considerable time and financial resources in building and maintaining them. Successful brands are often challenged by imitators, who not only affect the company's revenue but also jeopardize its reputation. To protect themselves against such free riders and to facilitate legal action against them, companies can register their brands in the Swiss register.
A brand is registered with the Swiss Federal Institute of Intellectual Property (IPI). The IPI examines the brand and registers it if the necessary conditions are met.
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Monitoring

Once a brand is registered with the Swiss Federal Institute of Intellectual Property (IPI), the owner holds the exclusive rights to it.
However, it frequently happens that new brands are registered that are identical or confusingly similar to older ones. If the owner of an older brand believes their rights have been infringed by a younger brand, they can file a justified opposition. Therefore, it is essential to regularly monitor your brand.

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We are happy to assist with the registration of your brand and guide you through the entire process.

Would you like to talk to a specialist about specific legal issues? Book an online consultation now.

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