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If an unused trademark is standing in the way of your own brand in Switzerland, our team at Brealant can pursue a non-use cancellation action with the IPI — or defend your registration if someone challenges yours.
Legal Definition of Trademark Cancellation
Cancellation for non-use, under Article 12 of the Markenschutzgesetz, is a process for removing a registered mark from the Swiss Trademark Register.
Purpose and Function of Cancellation
It's used where a mark hasn't been used in Switzerland for a continuous period of 5 years, clearing the way for new applications covering the same or similar goods.
Protecting Your Interests
Whether removing a blocking mark or defending your own registration, evidence of genuine use — or its absence — is central to the outcome.
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Contact
Reach out to Brealant about the blocking registration, or the challenge to your own mark.
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Search
We review the target registration's use history and eligibility for a non-use action.
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Quote
Receive a staged service quote covering each phase of the action.
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Pay
Proceed with secure payment for the stage you're instructing us on.
File
Brealant lodges the cancellation request, or the response, with the IPI or the competent civil court.
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Wait
The IPI or court manages the exchange of arguments and evidence, if contested.
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Response
You receive the decision on whether the mark is cancelled.
In Switzerland, a non-use cancellation can be brought either through the IPI's simplified administrative procedure, for clear cases, or through a civil court action. Either way, the process begins with a request setting out the non-use, which the registered owner can then contest with evidence of genuine use. Understanding the target mark's use history is the clearest way to assess your prospects.
A blocking registration that's genuinely fallen out of use can prevent you from registering, or fully protecting, your own brand. Brealant assesses the target mark's use history carefully before recommending action, so you understand the real prospects of success.
Cancellation is a powerful tool, but it has real limits
5-Year Non-Use Window
A non-use action generally requires a continuous period of at least 5 years without genuine use of the mark in Switzerland.
Burden of Proof Shifts
Once a cancellation request is filed, the registered owner — not the applicant — carries the burden of proving genuine use, or valid reasons for non-use.
Administrative Procedure Has Limits
The IPI's simplified procedure is intended for clear cases; disputed or complex matters may still need to go before a civil court.
Time and Cost
A contested cancellation, particularly through the courts, can take 12 months or longer and involve real professional costs.
Partial Removal Only
The mark may be cancelled only for some goods or services, not necessarily all of them.
Brealant gives you a realistic view of the likely timeline, cost, and prospects before you proceed.
A successful cancellation action protects
Your Path to Registration
Clearing the way for your own application in the same or overlapping classes.
Market Fairness
Removing marks that are no longer genuinely used but still block legitimate new entrants.
Register Accuracy
Keeping the Swiss Trademark Register reflective of marks that are actually in commercial use.
Your Investment
Protecting your brand strategy from being derailed by a stale, unused registration.
Brealant assesses whether cancellation is the right route before you commit resources to the action.
Cancellation timing depends on whether the action is contested and which route is used
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Filing the Request
The non-use cancellation request is lodged with the IPI's administrative procedure, or as a claim before the competent civil court.
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Notice to the Owner
The registered owner is notified and given the opportunity to respond with evidence of use.
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Evidence Exchange
If contested, both sides present evidence of genuine use, or its absence.
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Decision
The IPI or court decides whether the mark is cancelled, in full or in part.
An uncontested non-use cancellation through the IPI's administrative procedure can resolve in a few months; a contested court action more commonly takes 12 months or longer.
Costs scale with whether the action is contested and which procedure is used
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The IPI charges an official fee to file a request under its simplified non-use cancellation procedure.
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Professional fees scale with whether the action is contested, and whether it proceeds through the IPI's procedure or the civil courts.
Brealant will assess your matter and quote before filing, so you know what to expect.
Once a blocking mark is cancelled, Brealant can move straight into clearing and filing your own application, so the opportunity created by the cancellation isn't lost to a competing filer.
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Generally, a continuous period of 5 years' non-use is the basis for a non-use cancellation action in Switzerland.
Once a cancellation request is filed, the registered owner carries the burden of proving genuine use, or valid reasons for non-use, during the relevant period.
The mark is removed from the register for the relevant goods/services, clearing the way for new applications covering that same ground.
Yes, marks can also be challenged on other grounds, such as having lost distinctiveness or having become a generic term, though these typically require civil court action.
Yes, the owner can respond to the request and must then prove genuine use of the mark, or valid reasons for non-use, during the relevant period.
Yes, a cancellation action can target only specific goods or services covered by the registration, leaving protection intact for the rest.
Both routes exist — straightforward non-use cases can be filed as an administrative cancellation request directly with the IPI, while more complex disputes go through the civil courts.
Genuine use means real commercial use of the mark on the market for the registered goods or services — token use solely to preserve the registration generally won't satisfy the standard.
An administrative non-use request at the IPI typically resolves faster than court proceedings, often within under a year if uncontested, while a court action can take considerably longer.
Brealant charges a fixed fee to prepare or defend a cancellation request, in addition to any official IPI fee, quoted once we've reviewed the case.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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