Overview
In accordance with the legal definition of art. 1 (1) of MSchG (Law on Trademark Protection) (SR 232.11), the trademark law protects symbols liable to differentiate products or services of a company, from those of other companies. Trademarks can be, especially, words (for example, slogans), letters, numbers, graphic representations, 3D shapes, or a combination of these elements among them or with colours (art. 1 (2) of MSchG). Furthermore, it is also possible to register sound, odour and taste trademarks (see Noth Michael / Thouvenin Florent, in: Bühler Gregor/Noth Michael/Thouvenin Florent (Edit.), Law on Trademark Protection, Berne 2009, N 19, on art. 1 of MSchG). The trademark law grants its holder the exclusive right to use the mark to identify the products or services for which it is requested and to dispose of it. (art. 13 (1) of MSchG). Special provisions are applied to collective and certification marks (art. 21 and following of MSchG).

Reasons for protection exclusion
The Swiss Trademark Law is based on the principle that symbols can be registered as trademarks. This is reflected in the fact that the law sets negative prerequisites, showing which symbols cannot be protected by trademark rights. As a rule, symbols that are common property and which over time could not establish themselves as trademarks cannot be protected by trademark rights (art. 2 (a) of MSchG). Among others, functional designations, descriptive indications, geographical origin indications, generic signs, as well as basic symbols which, by reason of its very nature, must stay freely available or that are not adequate as a distinctive mark are considered common property (Judgement of the Swiss Federal Court of 19.06.2013, B-2680/2012, E. 2.1, with additional references). Symbols that can induce in error, are unlawful, improper and immoral, as well as shapes of products and packaging that constitute their essence or which are technically necessary are also not protected by trademark rights (art. 2 (b-d) of MSchG). An existing or impending likelihood of confusion with an already existing trademark will only be considered at the request of the holder of the affected right of the oldest trademark (art. 3, art. 31 and following of MSchG).

Obtainment
The Swiss trademark right is granted with the registration in the trademark register (art. 5 of MSchG). For that purpose, the symbol, together with the list of goods and services for which the mark is requested, must be filed and analyzed at the Federal Institute of Intellectual Property (IGE) (art. 28 of MSchG, art. 15 and following of MSchV; SR 232.111). To keep the legal protection of the mark intact, the latter must effectively be used in the economic trade; otherwise, the symbol loses the need of protection (art. 11 and following of MSchG). If the mark is used in accordance with legal requirements, the mark protection is valid, under the terms of art. 10 (1) and (2) of MSchG, for ten years, upon request for renewal (unlimitedly renewable). In principle, to obtain the trademark protection in third countries, a direct registration must be done in each country in question. However, for the EU area, the mark can be deposited at a regional trademark institute. Furthermore, the Madrid Agreement concerning the international Registration of Marks (SR 0.232.112.3), as well as the Protocol relating to the Madrid Agreement concerning the international Registration of Marks (SR 0.232.112.4) also provide a standard system for the whole area covered by the contracting states. For the member states of the Paris Convention for the Protection of Industrial Property (PVÜ; SR 0.232.02/04) is also applicable, in the Trademark Law, the right of priority, according to which, at international level, the date of the first filing is decisive for all the trademarks registration taking place along the following six months (art. 4 (c) (1) of PVÜ). The same also applies to states that are not members of the Paris Convention (PVÜ), but that grant reciprocal rights to Switzerland (art. 7 (2) of MSchG).