Commentaries: Art. 40

The entry of a trade mark in the Register shall include:
1. the number of the registration;
2. the filing date;
3. the surname and first name or the company name as well as the address of the proprietor of the trade mark;
4. the name and address of the representative, where applicable;
5. a representation of the trade mark;
6. ¹ the goods and services for which the trade mark is claimed, with an indication of the classes under the Nice Classification²;
7. the date of publication of the registration;
8. ³ details of the replacement of a former national registration by an international registration;
9. ⁴ the date of registration;
10. ⁵ the number of the application for registration.
Where applicable, the registration shall also include the following:
1. an indication of the colour or colour combination claimed;
2. ⁶ the words «three-dimensional trade mark» or other indications which specify the particular type of trade mark;
3. the words «trade mark which has acquired distinctiveness through use»;
4. an indication that it is a guarantee or a collective mark;
5. ⁷ an indication that it is a geographical mark;
6. information concerning the priority claim in accordance with Articles 7 and 8 TmPA;
7. ⁸ .
In addition to the date of publication, the following shall be entered in the Trade Mark Register:
1. the renewal of the trade mark registration and the date on which the renewal comes into effect;
2. the complete or partial revocation of the trade mark registration;
3. the complete or partial cancellation of the trade mark registration with the reason for the cancellation;
4. the complete or partial assignment of the trade mark;
5. ⁹ the grant of a licence or sub-licence, where applicable, with an indication as to whether it concerns an exclusive licence or a partial licence;
6. the usufruct of the trade mark and pledging of the trade mark;
7. restrictions on powers of disposal ordered by the courts and compulsory enforcement authorities;
8. amendments concerning registered information;
9. reference to any amendment to the regulations governing the use of the trade mark.
The IPI may enter other information of public interest.

Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4829). ↩
SR 0.232.112.7 , 0.232.112.8 , 0.232.112.9 ↩
Inserted by No I of the O of 22 Jan. 1997, in force since 1 May 1997 (AS 1997 865). ↩
Inserted by No I of the O of 22 Jan. 1997, in force since 1 May 1997 (AS 1997 865). ↩
Inserted by No I of the O of 22 Jan. 1997, in force since 1 May 1997 (AS 1997 865). ↩
Amended by No I of the O of 8 March 2002, in force since 1 July 2002 (AS 2002 1119). ↩
Inserted by No I of the O of 2 Sept. 2015, in force since 1 Jan. 2017 (AS 2015 3649). ↩
Repealed by No I of the O of 22 Jan. 1997, with effect from 1 May 1997 (AS 1997 865). ↩
Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4829). ↩

Art. 40

Footnotes