The short answer
First preserve traceable evidence and check your own rights and the other provider's actual use. Similar branding does not automatically mean a successful claim. Different steps may be available depending on the facts. Applying for a trademark, opposing a registration and taking action against ongoing infringement are separate procedures.
Describe the incident before making demands
Save dated screenshots, complete web addresses, product listings and any customer enquiries you have. Record who is named as the provider and which market the offering targets. Separate your observations from assumptions. A clear chronology makes the subsequent assessment easier.
Also have your trademark registration documents ready. Article 55 of the Trade Mark Protection Act provides for claims where a trademark right is infringed or threatened. Whether your particular trademark applies against this use must be assessed on the specific facts.
Sources: Trade Mark Protection Act, Article 55: Action for performance
Your objective determines the next step
Do you want use to stop, goods to be removed from circulation or a financial claim to be assessed? The law distinguishes, among other things, orders to cease infringement, remedy it and provide information; monetary claims have their own requirements. Registration alone therefore does not mean that a particular sum is owed.
For counterfeit products, the IPI identifies civil, criminal and customs routes depending on the case. Targeted legal assessment is sensible for ongoing proceedings. Customs assistance concerns goods crossing borders and does not automatically resolve a dispute between two domestic websites.
Sources: Trade Mark Protection Act, Article 55: Action for performance · IPI: What rights holders can do against counterfeits
A new registration has its own deadline
If the disputed trademark has just been published in the Swiss register, a three-month opposition period may be running from publication of the registration. The fee must also be paid on time. Do not wait until an informal conversation has ended before checking such a register entry.
Opposition proceedings are not the same as court action against commercial use. Missing an opposition deadline does not settle every other claim. Conversely, filing an opposition does not replace careful consideration of the specific remedy you need.
Sources: IPI: Filing an opposition
What you can do now
- Create a dated evidence file with listings, URLs and provider details.
- Assemble your own trademark documents and the particular offering affected.
- Obtain a focused assessment of your objective, possible deadlines and the appropriate legal route.
Frequently asked questions
Do I automatically receive damages if someone uses my sign?
No. Monetary claims depend on their requirements being met. Registration alone or an alleged similarity does not conclusively establish liability or the amount owed.
Sources: Trade Mark Protection Act, Article 55: Action for performance
Is enforcement included in a trademark application?
An application is not an ongoing dispute procedure. Opposition, court action and customs assistance require separate decisions and consideration of their requirements and any costs.
Sources: IPI: What rights holders can do against counterfeits · IPI: Filing an opposition