Contracting Party of the Madrid System: YES.
Trade Mark Law in force:
Federal Law under protection of Industrial Property (published in the official Journal on 1st of July 2020), in force since 5th of November 2020
Nice classification, 11th edition.
Registrable trade marks:
All distinctive and graphically representable signs, such as words, names, acronyms, devices, three-dimensional forms, titles of intellectual or art works, names of television or radio programs (as long as the owner of the IP rights of the works grants their written consent), sounds, odours, trade dress and colours. It is possible to claim secondary meaning for trade marks.
Formal filing requirements:
- Power of Attorney: Not necessary.
- Priority certificate: Not necessary.
- Indication of date of first use or intention of use.
Absolute grounds for refusal: YES.
Relative grounds for refusal: YES.
30 days from publication date.
Average time from filing to grant:
Approximately 8 months unless any obstacles were raised.
Term of protection:
10 years from the date of granting. As from August 2018, certificates of registration are published in the Gazette.
YES. Cancellation can be requested if the trademark has not been used for 3 years, counting from the registration date. Partial cancellation is possible.
A Declaration of Use must to be filed for all trademarks (both national and IR-designations) registered after 10 August 2018. The first Declaration of Use has to be filed 3 years from the registration date. A second declaration of use must be filed along with each renewal application.
6 months prior to renewal date.
Grace period 6 months.
Link to Trade Mark Office: