When can I put ® next to my brand name?

The short answer

Use ® in Switzerland only once the trademark concerned is registered and protected here. A pending application is not enough. The symbol is optional and adds no trademark rights. TM is not evidence of registration.

Distinguish filing from registration

The ® symbol indicates a registered trademark. According to IPI guidance, it may be used in Switzerland only for a trademark with the corresponding protection. Receipt of an application initially confirms filing, not completion of the examination.

Keep separate records for filing and registration in your project files. If an agency, printer or distributor prepares the artwork, explicitly tell them which status is approved. This helps prevent the symbol from being added as a purely decorative element.

Sources: IPI: FAQs on the ® registration symbol

What TM does and does not mean

TM stands for trademark and indicates that a sign is being claimed as a trademark. It does not certify official registration. WIPO expressly distinguishes this notice from the registered symbol ®. TM next to a name therefore proves neither Swiss registration nor its scope.

To check protection for someone else's mark, look at its register status. Equally, your business partners should not have to infer your rights from an artwork file. Give them the specific trademark and its registration details for their checks.

Sources: WIPO: Trademark Usage, guidance on TM and ®, page 8

The symbol must match the actual use

The IPI warns of legal consequences if the registered symbol is used without the corresponding registration. For packaging used in several countries, you must also consider protection in each territory. Registration in one country is not worldwide permission to suggest local protection everywhere.

A practical step is to keep a centrally approved logo file and brief instructions for its use. When adding product lines or countries of sale, check again whether the intended labelling matches the registrations you hold. This also applies when the brand name stays the same.

Sources: IPI: FAQs on the ® registration symbol · WIPO: Trademark Usage, guidance on TM and ®, page 8

What you can do now

  • Check registration status before using ®.
  • Align print artwork and agency files with the approved status.
  • Review labelling when adding countries or products.

Frequently asked questions

Do I lose rights if I leave out ®?

No. The symbol is not compulsory in Switzerland and does not change the owner's rights. Protection does not depend on whether the little symbol appears on your website.

Sources: IPI: FAQs on the ® registration symbol

Can TM replace a trademark application?

No. TM indicates that a sign is being claimed as a trademark. It is not a registration procedure or evidence that the mark has been entered in the Swiss register.

Sources: IPI: FAQs on the ® registration symbol · WIPO: Trademark Usage, guidance on TM and ®, page 8

Prepare registration before your brand launch

Start your trademark enquiry with the word or logo version you plan to use. Mention upcoming print deadlines without assuming registration has been granted. The IPI decides on registration after examination.

CHF 599for your first trademark in Switzerland

CHF 249 service fee including VAT + CHF 350 IPI fee. Up to 3 classes.

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Sources and context

This article explains general principles. Whether and how your sign can be protected depends on the sign, the goods and services concerned, and earlier rights.

  1. IPI: FAQs on the ® registration symbol ↗www.ige.ch
  2. WIPO: Trademark Usage, guidance on TM and ®, page 8 ↗www.wipo.int