Frequently Asked Questions
Reference to trademark protection
What are the consequences of using a registered trademark without the symbol ® ?
The Trademark Register is accessible to the public, so anyone can find out whether a particular sign or designation is under trademark protection. Thus not using the symbol ® in conjunction with a registered mark generally has no legal consequences of a disadvantageous nature in Switzerland and in surrounding countries.
In certain countries, however, non-use of the symbol can bring with it a reduction in the amount of compensation for damages able to be claimed in trademark infringement cases. In particular in the USA claims for compensation of damages are only possible as from the moment it can be proven that the infringer was perfectly informed about the trademark's protection.
The Trademark Register is accessible to the public, so anyone can find out whether a particular sign or designation is under trademark protection. Thus not using the symbol ® in conjunction with a registered mark generally has no legal consequences of a disadvantageous nature in Switzerland and in surrounding countries.
In certain countries, however, non-use of the symbol can bring with it a reduction in the amount of compensation for damages able to be claimed in trademark infringement cases. In particular in the USA claims for compensation of damages are only possible as from the moment it can be proven that the infringer was perfectly informed about the trademark's protection.
