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.