Filing an opposition

 

When should you file an opposition?

You should file an opposition to the registration of a competitor’s trade mark if your trade marks could be confused with one another. In other words, if the impression is given that the goods or services concerned originate from the same company (or from companies that are economically linked).

 

For example:

 

The bicycle manufacturers Beltina SA and Bettinna GmbH have both registered the trade marks Beltina and Bettinna respectively. As these trade marks are phonetically and visually very similar, the average consumer could think that the bicycles come from the same company.

 

How do you proceed?

If the registration of a competitor’s trade mark is published on www.swissreg.ch, you can file an opposition (in German) with us within three months of its publication. The relevant fee must be paid within the same time limit. If your opponent wins, you usually have to reimburse their lawyer’s fees.

 

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