Trademark
A Trademark or Marque de Fabrique is a signifier of a brand or marketing name for a product. Switzerland enacted a trademark law in 1891, shortly after enacting a similar law covering patents.
Swiss Trademark Law
A crucial turning point for watchmaking occurred in 1891 when Switzerland witnessed substantial reforms in its trademark legislation. Two major events marked this transformative period. Firstly, the federal law concerning the protection of trademarks, indications of source, and mentions of industrial awards came into effect on July 1, 1891. This legislation, enacted on September 26, 1890, sought to establish a comprehensive framework for trademark protection within the country.
The second significant event of 1891 was the signing of an arrangement for the international registration of trademarks in Madrid on April 14. This international agreement aimed to streamline and reduce the costs associated with trademark protection on a global scale.
The reforms introduced in 1891 brought the removal of the ban on using trademarks composed of numbers, letters, or words. This adjustment aligned Swiss nationals with foreigners, ensuring equal protection domestically. Regarding industrial advertising, the new law incorporated provisions to penalize misleading practices. Advertising methods employing false trade names, fictitious honorary distinctions, or misleading indications of provenance became subject to fines and imprisonment. Geneva played a crucial role in influencing these legal reforms, particularly in combating false indications of origin. The canton's complaints spurred the government to advocate for changes, leading to the establishment of the new trademark law. Several key provisions were introduced, including the prohibition of unregistered commercial denunciations and an extension of trademark protection from 15 to 20 years. The law also addressed the misuse of industrial awards, restricting their mention on products or business materials unless rightfully acquired.
The international arrangement signed in Madrid aimed to simplify and reduce the costs associated with trademark protection abroad. Under this agreement, a single registration fee of one hundred francs covered all countries participating in the international registration system. Each country retained the autonomy to set its own fee for transmitting applications to the International Bureau. The international protection obtained through this arrangement initially included countries such as Belgium, Spain, France, Italy, Guatemala, Netherlands, Portugal, Switzerland, and Tunisia. Hopes were high that more countries, including Brazil, the United States, Great Britain, Norway, and Sweden, would join, benefitting from the streamlined and cost-effective international registration process.