Log in


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

Want to receive Class 46 by email?
Click here subscribe for free.

Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
Some data on 3-dimensional trademarks in Switzerland

The chart above shows the number of applications for three dimensional trademarks in Switzerland since 1999 that were granted (blue), refused (red) or are still pending (orange). The black line shows the total number of national applications per year for any type of mark (right hand scale).
Some trends are very obvious: since 2005, it has become much harder to get your 3D trademark registered. Approximately 40% of the applications are refused (or withdrawn - see below). A closer look at those that were granted also shows that most contain a verbal or pictorial element. That makes it easier to get them registered, but the scope of protection of such marks remains to be seen (so far, no case law exists in Switzerland on the likelihood of confusion between a 3D mark and a product).
Also interesting is that the number of applications for three dimensional trademarks as a fraction of total applications is diminishing. Currently, roughly 1 in 300 applications is for a 3D mark (the greater year-to-year variability of 3D applications is to be expected because of the smaller sample size). That may be a response by the applicants to the greater resistance they meet.
In a further post, I will look at some of the shapes that were registered, and some that were refused (in other words, lots of pretty pictures to look at - isn't that why we all love trademark law?).

A note on the methodology: the number of total applications is from the yearly report by the Swiss IPO. The numbers for the 3D marks are from the online registry, Swissreg. Because Swissreg only shows "cancelled" applications, it remains unknown for what reason they were cancelled. However, it is safe to assume that most of the applications were withdrawn because they met with an objection that the applicant thought he could not overcome. One important point: the graph only shows national applications. Switzerland is designated by about 1,5 times as many international registrations each year as national applications are filed. Hence, the total number of registered (3D) marks in Switzerland is higher than evident from the graph.

Posted by: Mark Schweizer @ 13.41
Tags: 3d trade marks, Switzerland,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA1192
Reader Comments: 0
Post a Comment

MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.

The Class 46 Archive








+44 (0)116 2747355

9 Cartwright Court, Cartwright Way
Bardon, Leicestershire
LE67 1UE


Ingrid de Groot
Internal Relations Officer
Alessandra Romeo
External Relations Officer
James Nurton
Newsletter Editor
Robert Harrison

Signup for our blogs.
Headlines delivered to your inbox