Trademarks

TRADEMARKS

(TERM: 10 YEARS – RENEWABLE)

A Trademark is a distinctive sign used to identify the products or services that a company produces or sells.
Signs that can be represented graphically, in particular words, including names of people, drawings, letters, figures, sounds, colour combinations or tones can all be trademarks, as long as they are suitable for distinguishing the products or services of a company from those of other companies.

Therefore, the primary, namely traditional, function of a trademark is to enable a specific product to be identified as coming from a specific company. But there is more.
In fact, from the economic point of view a trademark is a fundamental asset for the company that has adopted it and, further to its use and advertising, it becomes a source of income and potential profits for the company.

A trademark, therefore, acts not only as an indicator of the origin of a product, but also as a “customers collector”, namely it has an evocative and attracting function.
The customer derives from the trademark placed on a product or on its package specific information about the quality of the product and the reliability of the company that made it and that sells it.
Moreover, in some industries, such as fashion, trademarks have acquired a further meaning that goes beyond the product they identify.

A Trademark arouses sentiments in consumers that go way beyond reliability concerning certain intrinsic characteristics and qualities of the products it identifies, and increasingly tends to evoke a lifestyle or way of life.
A trademark can be considered a symbol that allows a company to convey a complex message to a customer through a word, a drawing, a colour or even a sound.

DOCUMENTS REQUIRED

  • POWER OF ATTORNEY  
    Signed without legalization by the owner or, in the case of a company, by the legal representative.
    The signatory’s address and position within the company must be indicated.
  • WORD AND/OR IMAGE OF THE TRADEMARK
    (maximum dimensions of the specimen 80 x 80 mm).
  • LIST OF PRODUCTS AND/OR SERVICES
    According to the International Classification. One application may cover several classes.
  • PRIORITY DOCUMENT
    If priority is claimed, a certified copy of the prior application must be filed within 6 months.

COMMUNITY TRADEMARKS AND INTERNATIONAL TRADEMARKS ACCORDING TO THE MADRID AGREEMENT

(TERM: 10 YEARS – RENEWABLE)

Switzerland is a member of the Madrid Agreement and Protocol for the registration of International Trademarks.
We can represent clients who wish to obtain such trademarks and for this purpose we need:

  • THE POWER OF ATTORNEY
  • THE WORD AND/OR THE IMAGE OF THE TRADEMARK
  • THE LIST OF PRODUCTS AND/OR SERVICES THAT THE TRADEMARK SHOULD IDENTIFY

TRADEMARK SEARCHES AND MONITORING

Our Office provides comprehensive advice on prior art searches.
We can conduct identity and similarity searches amongst Swiss, Community, Italian and International trademarks (WIPO, Geneva), as well as ownership searches. It is of course possible to extend these searches worldwide.

We also provide monitoring services for already registered trademarks, in order to be able to challenge possible new applications related to similar or identical signs.