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- Written by: Katerina Livi
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The importance of documenting evidence of trademark use in Switzerland
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- First published 02 April 2025
In Switzerland, many trademark owners overlook a critical aspect when it comes to enforcing and maintaining their trademark rights: evidence of use.
While registering a trademark is a crucial first step in establishing legal protection and securing exclusive rights to a sign in connection with specific goods and/or services, continuous use and proper documentation thereof are equally important to maintain its protection under Swiss law.
In Switzerland, a registered trademark must be used within five years of its registration at the latest, known as the grace period. If your trademark is not used within this five-year period, it may be vulnerable to cancellation by a third party. Additionally, in the event of a dispute, in particular an opposition, the applicant may request that you provide evidence of use to establish your trademark rights.
Evidence of use can take various forms, including sales records, advertising materials, website content, or packaging displaying your trademark. Such evidence should primarily show the time, location, extent and type of use of the trademark. It is very important to keep this evidence organized and up to date, as it can be critical in protecting your trademark against infringement and maintaining your rights.
At RENTSCH PARTNER, we are committed to helping trademark owners navigate the complexities of trademark use in Switzerland. Whether you need assistance ensuring compliance with Swiss legal requirements or collecting and organizing your evidence of use, we are here to help.
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- Written by: Suzana Häggi
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Cases of cybersquatting and fraudulent activities involving domain names remain high
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- First published 21 February 2025
The WIPO Arbitration and Mediation Center handled nearly 6'200 cases under the Uniform Domain Name Dispute Resolution Policy (UDRP) and national country code top-level domain name (ccTLD) variations in 2024. This demonstrates the continued relevance and effectiveness of the UDRP in combating cybersquatting and fraudulent domain name related activities such as phishing.
To be successful in a UDRP complaint, a complainant must establish three essential elements:
- The disputed domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;
- The registrant (domain name holder) has no rights or legitimate interests in the domain name; and
- The domain name has been registered and is being used in bad faith.
If a UDRP panel finds that all three elements are satisfied, it will order the transfer of the disputed domain name to the complainant or, if requested by the complainant, the cancellation of the domain name.
While the UDRP provides an efficient and cost-effective way to resolve domain name disputes, it is important to note that there are limitations: The UDRP is designed to address a specific type of dispute and is not appropriate for resolving all domain name-related conflicts. The UDRP focuses on cases involving bad faith registrations and use of domain names that infringe trademarks, and primarily addresses clear-cut cases of cybersquatting. If the registrant of the domain name has some sort of legitimate interest in the domain name, such as being the owner of a trademark or company name, the UDRP is not the right tool.
WIPO Domain Name Report 2024 available here: https://www.wipo.int/amc/en/domains/news/2025/news_0001.html
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- Written by: Oliver Jeker
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Defensive publications – an often overlooked (and less expensive) alternative to patents
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- First published 13 December 2024
Securing a patent is often seen as the ultimate way for protecting innovation. A patent confers on its proprietor the right to prohibit others from commercially using an invention. This includes, amongst others, manufacturing, storage, offering, placing on the market, importing and exporting. However, pursuing and maintaining patents can be costly and time-consuming. Furthermore, in fast-moving fields, a technology may become obsolete until a patent is eventually granted.
Have you ever decided against patent protection, because an invention did not have enough commercial potential to justify the effort? Still, you wanted to keep the door open to use the respective technology in the future?
Then, a defensive publication might be the right choice for you.
A defensive publication is prior art which is put on purpose into the public domain to stop others obtaining a patent on the same invention.
But if you decided against going for a patent, why should you still see your patent attorney?
Here is why:
In case you later have to defend against a third party patent, providing evidence that your defensive publication actually was available to the public before the relevant date might become very difficult – for instance if it was simply published on your website. A patent attorney can help you to publish your defensive publication in the right way, so that no unpleasant surprises arise.
In your defensive publication, you need to present the invention in a way sufficient for it to unfold its prior art effect. Gaps might for instance lead to a situation where there is no enabling disclosure – and therefore possibly no prior art. A patent attorney can help you to choose the right wording and to present the required information, in order to be on the safe side.
If done properly, a defensive publication can be a powerful tool for protecting your business – for only a fraction of the cost of a patent.
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- Written by: Estefano Esparza
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A Day in the Life of a Patent Attorney Trainee in Zurich: My First Year in Patent Law
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- First published 04 December 2024
Introduction
Transitioning from electrical engineering to patent law has been an exciting and rewarding journey! As I near the end of my first year as a Patent Attorney Trainee at Rentsch Partner AG, I’d like to reflect on my experiences and share a glimpse into my daily responsibilities and learning opportunities.
Daily Responsibilities
Drafting Patent Applications
Under the guidance of a supervisor, I work on claims, descriptions, and drawings to transform innovative ideas into legally sound patent documents. This involves drafting in a way that ensures not only the patent is likely to be granted but also that the core idea and various embodiments of the invention are comprehensively covered in the scope of protection.
Handling Office Actions and Search Reports
I prepare high-level summaries for clients and draft replies to patent offices. This task deepens my understanding of substantive patent law, as it requires strong interpretation and argumentation skills to address the examiner’s objections effectively.
Learning European, Swiss and PCT Patent Law
One of the most exiting aspects of this role is the chance to deeply engage with the European Patent Convention (EPC), Swiss Patent Law, and the Patent Cooperation Treaty (PCT). It’s amazing to experience how theoretical knowledge aligns with practical application, especially as I prepare for the new European Qualification Examination also known as EQE (beginning in 2025). Being part of the first generation tackling this new system adds both a sense of challenge and accomplishment to the journey.
Guidance from Outstanding Patent Attorneys
I’m fortunate to learn from some of the most distinguished Patent Attorneys in Switzerland. Their expertise, strategic thinking, and profound understanding of patent law are unparalleled. I am incredibly grateful for their constructive feedback and high-quality supervision, which ensure I’m developing the skills to succeed in this field. Observing their methods has provided me with invaluable lessons on professional communication, writing, and strategic decision-making.
Formal Training and Studying
In addition to on-the-job learning, I participate in classes taught by experienced Patent Attorneys every two weeks in the evenings. These sessions cover substantive and procedural patent law, providing a structured foundation that complements my daily work. Importantly, they also serve as crucial preparation for the EQE and help me build a strong legal foundation for the future.
Balancing Family, Work and Study
Time management is absolutely critical in this phase of my career. Every day, I plan my goals carefully to ensure I stay on track with my workload and study program. Balancing spending quality time with my family, finishing work assignments on time and preparation for the EQE, requires focus and discipline but it’s deeply rewarding.
Looking Ahead
Although this year has almost come to an end, it feels like the time has flown by. The learning curve has been incredibly steep, but every challenge has been an opportunity to grow. As I continue working toward becoming a European and Swiss Patent Attorney, I’m excited to take on more responsibilities and deepen my knowledge, all while contributing to the protection of cutting-edge innovations.
Your Turn
Are you working in IP or preparing for the EQE? Let’s connect – I’d love to hear from you how you are navigating this fascinating field!
The pictures show Estefano Esparza at work, in the middle with Matthias Salcher, Senior Associate at RENTSCH PARTNER AG.
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- Written by: Mathias Ingold
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The term «patent» contains the latin verb «patere», which means «to be open or visible or known». Thus, an invention described in a patent application becomes known to the public through publication (in German: Offenlegungsschrift) by the Patent Office. As a reward, the Patent Office may grant a patent, which defines a legal monopoly for your invention in a country for a maximum of 20 years. A patent can only be granted when strict formal and substantial patentability criteria are fulfilled. In particular, the patent claims, that define the scope of the monopoly, must be novel and inventive over all prior art, i.e. over all technical information that has been published in any manner in any country before the filing date of the patent application at the Patent Office.
Someone unfamiliar with patents may believe that owning a granted patent gives the right to market and sell a product that contains the patented invention. However, this is not the case. The reason is that the monopoly conferred by the patent claims after grant is not defined as a positive right for the patent owner to use the invention, but as a negative right to forbid third parties to use the invention in their products.
Making use of a patented invention encompasses manufacture, offer, sale or import of a product implementing the invention. Thus, in order to manufacture, offer, sell or import a product, the product shall be free of third party patents. For this purpose, own patents are legally not relevant. Rather, a freedom to operate patent search and analysis (FtO) may be made to identify critical third party patents. In case any part or aspect of the product would come into conflict with a valid and enforceable third party patent (patent infringement), a license of the third party patent would be needed, or the product should be modified to avoid the infringement.
Example: The prior art is a car. The patented invention is a car with a radio with antenna (basic patent), and an embodiment with antenna embedded in a window glass also falls under the granted claims (even if not mentioned explicitly). The basic patent owner and producer wants to manufacture, offer, sell or import cars with such an antenna embedded in a window glass. However, if a third party owns a more specific, later filed patent on such an embodiment of a window-embedded antenna (dependent patent), the third party can file an infringement lawsuit with the aim to legally stop the basic patent owner and producer to manufacture, offer, sell or import such cars with window-embedded antenna. An infringement lawsuit may equally be based on any other third party patent that covers any other inventive feature used in the cars.
In conclusion:
- An invention to be patented will be published and thus can not be kept secret.
- A granted patent does not give the patent owner the positive right to use the invention, but the negative right to forbid third parties to use the invention.
- Before developing or launching a new product, a freedom to operate search and analysis (FtO) allows to assess and avoid infringement of third party patents.