IP Story: American Brands in Switzerland

IP Story by Katzarov SA

“Switzerland, an interesting market for Americans, but two different approaches to acquiring trademark rights!”

An American designer has created her clothing brand in the United States and operates it there.

She decides to make her brand known in Switzerland, with the support of her sister who lives there.

U.S. trademark law allows rights to be acquired through use, and the designer did not see fit to register.

A different approach

Thinking that Swiss trademark law also allowed rights to be acquired through use, she began to develop her business under her trademark in Switzerland without registering it, believing that this would save her money.

Unfortunately, her trademark was filed by a third party a couple weeks after her brand launch on the Swiss market.

As bad faith and fraud cannot be invoked as grounds for opposition in Switzerland before the Swiss Federal Institute of Intellectual Property, the only option left to the designer was to take action before the civil courts to obtain cancellation of the third party’s trademark registration.

But the costs of such an action were so high that the designer decided not to take the case to court and resigned herself to coexisting with the fraudulently registered trademark.

Moral of the story:

One must consider the trademark laws in force in the country where you want to do business, and not think as you would in your country of origin.

Fascinated by how local trademark laws can drastically impact your business strategy?

Expanding into new markets without understanding the specific legal frameworks can cost you your brand.

At Katzarov, we specialize in navigating the challenges of Intellectual Property laws to ensure your trademarks are secure across borders. Let’s work together to craft a solid IP strategy that protects your brand in Switzerland and beyond, so you can focus on growing your business with confidence. Protecting your brand is an investment – don’t let unforeseen costs catch you off guard.

Prepared by: Philippe BrottesViktoriia Didur

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