Legal handling of service brands
Although a great deal has already been done towards the standardisation of brand legislation, brand legislation itself (thereupon results in the protection of trademarks) is part of the legal system of a country, and as such is a national matter. It applies across national borders, that companies deal with the brand guideline aspects more and more and approve of international dimensions, but notwithstanding must make every legal declaration in matters of brand legislation from the perspective of a concrete legal system. This article is written from the perspective of Swiss law. Whenever the description, “national” or “international” is used, whatever the definition of open concepts is; is carried out from a Swiss perspective.
Inhaltsverzeichnis (Table of Contents)
- Brands – and in particular service brands – from a legal perspective
- Legal handling of service brands
- Pre-registration phase
- Searching for brands
- All encompassing brand concept
- What to register?
- Concept of the brand
- Types of brands
- Why register?
- Who registers and who uses?
- Where do you register?
- Registration phase: existence of brand laws
- The national brand
- The international brand
- The regional brand
- The foreign brand
- Post registration phase
- The term brand management
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This article aims to provide a concise overview of the legal handling of service brands in Switzerland, focusing on the pre-registration, registration, and post-registration phases. It emphasizes the practical considerations and legal aspects involved in each stage, particularly for service brands, highlighting the differences from merchandise brands.
- Legal aspects of service brand protection in Switzerland
- The three phases of brand handling: pre-registration, registration, and post-registration
- Differences between service and merchandise brand registration
- National, international, regional, and foreign brand registration
- Importance of a comprehensive brand concept within a company's market strategy
Zusammenfassung der Kapitel (Chapter Summaries)
The article begins by introducing the legal framework for service brands in Switzerland, noting its relatively recent establishment in 1993. It then delves into the pre-registration phase, emphasizing the importance of conducting thorough brand searches to avoid conflicts with existing trademarks and the need for a comprehensive brand concept encompassing marketing and legal considerations. Different types of brands are explained, and questions of brand ownership and usage within corporate structures are discussed. The registration phase details the process of registering a brand with the Eidgenössische Institut für Intellektuelleigentum (EIGE), differentiating between national, international, regional, and foreign brand registrations. Absolute and relative grounds for refusal are explained. Finally, the post-registration phase briefly introduces the concept of brand management.
Schlüsselwörter (Keywords)
Service brands, trademark law, Swiss law, brand registration, brand management, pre-registration, registration, post-registration, brand search, intellectual property, international trademarks, national brand, international brand, regional brand, foreign brand, EIGE, brand concept, market strategy.
Frequently Asked Questions
What is the legal perspective used in this article?
The article is written specifically from the perspective of Swiss law, focusing on the national and international dimensions as defined by the Swiss legal system.
What are the three main phases of brand handling discussed?
The article details the pre-registration phase (searching and concept), the registration phase (existence of brand laws), and the post-registration phase (management).
What is the difference between service brands and merchandise brands?
The article highlights that service brands have specific legal handling requirements and emphasizes the importance of a comprehensive brand concept tailored to services.
Where do you register a brand in Switzerland?
Brands are registered with the Eidgenössische Institut für Intellektuelleigentum (EIGE), which handles national, international, regional, and foreign brand registrations.
Why is the pre-registration phase critical?
This phase is essential for conducting thorough brand searches to avoid legal conflicts with existing trademarks and to define a clear market strategy.
When was the legal framework for service brands established in Switzerland?
The legal framework for the protection of service brands in Switzerland was established relatively recently in 1993.
- Quote paper
- Christian Kollorz (Author), 2010, Brands – and in particular service brands – from a legal perspective, Munich, GRIN Verlag, https://www.grin.com/document/183205
