What is real
is not external form.



CONSTANTIN BRANCUSI

Swissness when it comes to trademarks

22.05.2020


We all know whenever we read the label of a product and it says, Swiss or Made in Switzerland, we associate it with high quality and excellence. This is because, for a long time, Swiss products have been a synonym with top-quality, innovation, and precision.

What does Swissness mean?

Swissness is a way of indicating the source of the product. If a product says Swissness, it is referencing the geographical origin of that product. Since Swissness is associated with quality products, the use of such information is not allowed if it is incorrect.

Using Swissness as a Label

Many brands add Made in Switzerland or Swiss or Swissness label on their product to market and increase the sales. According to the Swiss legislation, Swissness, Switzerland, Swiss quality, made in Switzerland, and Swiss Made is to be only used for products that are manufactured in Switzerland.

To counter this problem, new Swissness legislation was passed. Since 2017, Swissness Legislation becomes stricter when it comes to protecting the label “Swiss”. It also includes any designation that indicates the product was made in Switzerland.

For industrial products, 60% of the production costs must have been incurred in Switzerland to use the label “Swiss”. The important part of the production process should be completed in Switzerland as well.

When it comes to cosmetic products, it must be manufactured in Switzerland along with primary packaging. For food products, 80% of the raw material ingredients must be originated in Switzerland. For cheese products, the cheese must come from Swiss cow and milk must be of Swiss origin.

Enforcing Swissness

The application of the Swiss protection is not available abroad. If it is found that a trademark application contains an illegal use of the Swiss cross or the name “Switzerland”, IPI will inform the trade associations in this regard. There is a possibility that those trade associations may oppose the registration of the trademark.

Why Businesses Use Label Swissness?

One of the reasons is because Swissness means high quality built along with efficiency, reliability, and punctuality. Customers are willing to pay more for products labeled Swiss, or Swissness, or Made in Switzerland.

Therefore, all the products labeled Swiss will be subject to the law of Switzerland and all the requirements must be met.

25.09.2020

Through similarity we found the difference

Lately, we’ve been working on a case which has proven to be quite difficult. After receiving a refusal for one of the trademarks we administer, because of the similarity to a previous trademark, we have still managed to pass the mark towards publication by pointing out certain aspects such as: the existence of a very ( learn more )

18.09.2020

Class down, trademark up

Between August and September 2020, we faced a fairly common issue in the world of intellectual property. We have identified a similar trademark to that of one of our clients. The next step was contacting and starting the negotiation procedure with the opposing party in order to waive the protection of one of the classes, ( learn more )

14.09.2020

Registration criteria for slogans

Although many famous slogans enjoy incredible success, many others face the barrier of not being able to be registered. What could be the main reason why a short series of words cannot be registered? What is the definition of a slogan? Before finding out the reasons why certain slogans cannot be registered, we need to ( learn more )