The short answer
Do not let a foreign filing casually name the distributor as owner. Agree expressly who will apply and who should own the trademark. Rights may exist against an unauthorised agent filing, but a later transfer is not automatic. The available response depends on applicable law and the circumstances of the relationship.
Separate ownership from the distribution role
A partner can organise local distribution without owning your trademark. Record which legal entity should be the applicant, who pays and which actions a power of attorney authorises. Check those details in the actual application before it is filed, rather than relying on an informal description of the arrangement.
Also address permitted use, covered countries and access to documents when the contract ends. The intended owner should retain access to register extracts and official correspondence. An invoice issued by the partner, or the fact that it paid for filing, does not by itself resolve the legal ownership question.
Sources: WIPO: Paris Convention, Article 6septies · Fedlex: Trade Mark Protection Act, Article 4
Agent protection does not automatically change the register
Article 6septies of the Paris Convention addresses certain filings by agents or representatives without authorisation. It provides options such as opposition or cancellation. Assignment may be claimed where the law of the country allows it. The rule has conditions and also recognises that the representative may justify its conduct.
For Switzerland, Article 4 of the Trade Mark Protection Act excludes protection for certain agent marks registered without consent. This does not create an identical procedure worldwide. In an existing dispute, first examine the relationship, consent, register status and local rules. Relevant time limits depend on the specific country and proceedings.
Keep control before entering the market
Search the intended sign in the target market and plan the filing under the correct owner. Swiss protection alone does not cover the distributor’s country. Foreign filing routes, local requirements and the distribution agreement should therefore align before you commit to packaging, advertising or retailer accounts.
If a filing already exists, preserve the contract, messages, drafts and register details. Obtain professional review before treating a new filing as a solution or agreeing broadly to transfer terms. A fresh Swiss registration neither removes the foreign entry nor resolves an existing dispute with the partner.
Sources: IPI: national and international protection · WIPO: Paris Convention, Article 6septies
What you can do now
- Agree the owner, countries and authority in writing before filing.
- Keep direct access to filing records and official correspondence.
- Have consent and local procedural options reviewed after an unauthorised filing.
Frequently asked questions
Can I simply have the mark put into my name?
Not merely by asserting that it belongs to you. A voluntary assignment or appropriate proceedings may be necessary. Whether an assignment claim exists depends particularly on local law and the facts.
Does my Swiss mark sufficiently secure foreign distribution?
It principally protects in Switzerland. Rights and filing routes in other markets need separate planning. A distribution agreement and a suitable trademark strategy serve different purposes.