The short answer
A Swiss trademark registration does not make a product Swiss. Separate requirements apply to an indication of Swiss origin for industrial products. These generally include at least 60 per cent of manufacturing costs being incurred in Switzerland, along with the required essential activity and an essential manufacturing step here. A company's registered office in Switzerland is not enough on its own.
Origin depends on the product
For industrial products, the Swissness rules consider eligible manufacturing costs. Research and development can be relevant. In addition, the activity that gives the product its essential characteristics must take place in Switzerland. An essential physical manufacturing step in Switzerland is still required.
The 60 per cent threshold is therefore not a standalone calculation. Even substantial development expenditure does not automatically answer the question of the necessary manufacturing step. More detailed rules may apply to particular industries. Foodstuffs and services follow different criteria.
Sources: IPI: Criteria for determining the origin of industrial products
First collect reliable manufacturing information
Ask your production team for a traceable breakdown: which development work, materials and manufacturing steps take place where? Separate documented amounts from estimates. An overall purchase price says little, by itself, about which cost components are Swiss.
The IPI's Swissness calculator can help with the calculation for industrial products. It does not replace correct classification of the inputs or clarification of specific exceptions. Keep the evidence behind the figures too. Reassess the position when changing suppliers.
Sources: IPI: Swissness calculator for industrial products · IPI: Criteria for determining the origin of industrial products
Plan your brand name and origin claims together
Indications of source can be explicit or conveyed by the overall presentation. Before printing, consider not only the literal wording on the label but also where customers will expect the product to come from. A neutral invented name and one with a clear Swiss association raise different questions.
Prepare two separate sets of documents: your preferred brand name with the goods offered, and the evidence for each origin claim. This makes it possible to identify an unresolved production question without confusing it with the simple wish to register a trademark.
Sources: Trade Mark Protection Act, Article 47: Indications of source
What you can do now
- Identify the product category and any industry-specific rules.
- Document eligible costs and the actual manufacturing steps.
- Check origin claims before printing packaging and applying for a trademark.
Frequently asked questions
Is a Swiss business address enough for Swiss made?
No. For industrial products, the requirements concern manufacturing costs and the relevant activities involved in making the product. The seller's registered office does not replace those requirements.
Sources: IPI: Criteria for determining the origin of industrial products
Can I apply for a name without an indication of Swiss origin?
A claim of Swiss origin is not a requirement for having your own brand name. Whether your particular name conveys such a claim also depends on how the intended public understands it.
Sources: Trade Mark Protection Act, Article 47: Indications of source