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Swiss trademark registration
The registered, defensible mark that enforcement depends on in the first place.
Swiss trademark registrationTrademark
enforcement
A registered mark is only worth what you can enforce. When someone uses your mark, or a confusingly similar one, the right response is rarely the most aggressive one: it is the proportionate one, taken from a position of confirmed strength. We assess the right and the infringement first, because an infringer’s usual counter is to attack your own mark. Then we act: cease-and-desist, opposition, customs watch, or coordinated civil proceedings, whatever stops the infringement at proportionate cost.
At a glance
Proportionate, from strength.
Assess the right first, then act, not the other way round.
- First step
- Confirm strength of the right
- Letter
- Cease-and-desist demand
- Registration
- Opposition to conflicting marks
- Border
- Customs watch vs counterfeits
- Court
- Civil proceedings where justified
The essentials
Enforcement, proportionate
Under the Trade Mark Protection Act, the owner of a registered mark can stop confusingly similar use: a cease-and-desist, opposition before the Federal Institute of Intellectual Property, a customs watch, or civil proceedings. The discipline is to confirm the strength of the right first, because an infringer’s usual response is to attack your mark. We assess, then act proportionately.
Who this is for
- owners facing infringing or copycat use;
- brands hit by counterfeit imports;
- those who spotted a conflicting new application;
- companies that received a cease-and-desist themselves.
Where it fits
Enforcement rests on a registered mark, often pairs with domain recovery, and protects the value held in an IP holding company.
The tools
The enforcement tools
There is a ladder of measures, from a letter to a court order. The skill is matching the tool to the infringement and the strength of the right.
| Tool | When it fits |
|---|---|
| Cease-and-desist | First step; many disputes end here |
| Opposition | Block a conflicting new application (short window) |
| Customs watch | Intercept counterfeit imports at the border |
| Civil proceedings | Serious cases: injunction, damages, destruction |
The cheaper measures resolve most disputes; the expensive ones are reserved for serious cases. Choosing the proportionate tool, from a confirmed position, protects the brand without disproportionate cost or exposing the mark to attack.
How it runs
How we run it
Assess, then act, calibrated to the strength of the right and the outcome you want.
- Step 1
Assess the right
Confirming validity, coverage and genuine use, so you act from solid ground and not into a counterattack.
- Step 2
Assess the infringement
Gauging how serious it is, what outcome you want, and which tool achieves it proportionately.
- Step 3
Act
Cease-and-desist, opposition, or customs watch: the proportionate first move, not the most aggressive.
- Step 4
Escalate if needed
Coordinated civil proceedings, with litigation counsel, where the cheaper routes fail and the stakes justify it.
- Step 5
Watch
Monitoring new applications and the market so the next infringement is caught while it is still cheap to stop.
Budget
What it costs
It depends on the route: a cease-and-desist is modest, opposition has predictable cost, a customs watch is an ongoing arrangement, and civil proceedings are the most expensive and least predictable. Assessing the right and the infringement first is how we choose the route that achieves the outcome at proportionate cost. Often the letter is enough.
We scope and quote each step. Pricing is on request.
Discuss an infringement
What it takes
What effective enforcement requires
Enforcement that works, and does not backfire, rests on:
- a registered mark, validly held and genuinely used;
- an honest assessment of its strength before acting;
- a proportionate tool matched to the infringement;
- monitoring to catch problems early;
- readiness to escalate, or to stop, on the merits.
When enforcement is the wrong move
Not every infringement is worth enforcing, and acting from a weak position can cost you your own mark. Where your registration is vulnerable (not genuinely used, arguably wrongly registered, or not covering the relevant goods), a cease-and-desist can invite a counterattack that ends with your mark cancelled. And where the “infringement” is trivial or the other party has a legitimate basis, aggressive action wastes money and goodwill. The honest answer is sometimes to fix the weakness first, or to let a marginal case go. We tell you when enforcement is the wrong move, not just when it is available, because acting badly is worse than not acting.
Why Goldblum
Defending the mark
Confirming the strength of the right, acting proportionately, and escalating only when the stakes justify it, defending the brand without exposing it: that is the work this firm does.
First
Strength confirmed
We assess your right before acting, because an infringer’s usual response is to attack your mark. A weak right turns enforcement into a fight to keep it.
Measured
Proportionate action
The tool matched to the infringement (often a letter is enough) rather than the most aggressive route at the highest cost.
Honest
When to stop
We tell you when enforcement is the wrong move, not just when it is available, so you do not spend money or risk your mark on a case you should let go.
Related
Around enforcement
Online
Domain name disputes
Recovering abusive domains that trade on the mark, through UDRP and the .ch/.li procedures.
Domain name disputesDeals
IP due diligence
Checking that a mark is validly held and enforceable before you rely on it in a deal.
IP due diligence
FAQ
Trademark enforcement: FAQ
01Someone is using my trademark — what can I do?
Several things, scaled to the situation. Where someone uses your registered mark, or a confusingly similar one, for similar goods or services, you can act: a cease-and-desist letter demanding they stop, opposition to a conflicting application, a customs watch to intercept counterfeit imports, and, where needed, civil proceedings for an injunction and damages. The right move depends on how strong your right is, how serious the infringement is, and what outcome you want: stopping the use, being paid, or both. The first step is to confirm the strength of your right and assess the infringement, not to fire off a letter. We make that assessment and then act proportionately.
02Why confirm the strength of the right before acting?
Because acting on a weak or vulnerable right can backfire. Before sending a cease-and-desist or starting proceedings, it is worth confirming that your registration is valid, covers the relevant goods and services, and is being used as required, because an opponent may counter by attacking your mark, for example arguing it is not genuinely used or should not have been registered. Acting from a weak position can turn an enforcement effort into a fight over your own mark. Confirming the strength of the right first means you act from solid ground. We assess the right and the infringement before recommending a step, so the action is proportionate and the risk understood.
03What is a cease-and-desist letter and when is it used?
It is a formal demand that the infringer stop using the mark, usually the first and often the most cost-effective step. The letter sets out your right, the infringement, and what you require: typically that they stop, and sometimes account for what they have done. Many disputes end here, because a clear demand from a position of strength is enough to make a reasonable party stop. But a poorly judged letter can also provoke a fight or expose a weakness, which is why it should follow an assessment of the right, not precede it. We draft and send the letter where it is the right step, calibrated to the strength of the position and the outcome sought.
04What is opposition and how does it differ from enforcement?
Opposition is a proceeding before the Federal Institute of Intellectual Property to block or cancel a conflicting trademark application within a short window after it is published, whereas broader enforcement deals with actual use of an infringing mark in the market. Opposition is a relatively focused, administrative route to stop a conflicting registration before it takes hold; enforcement against use in the market may involve cease-and-desist, civil proceedings and customs measures. Often they work together: opposing a registration and addressing the use. The opposition window is short, so monitoring new applications matters. We handle opposition and the wider enforcement, and connect the two.
05Can customs help stop counterfeits?
Yes, a customs watch is one of the more effective tools against counterfeit goods. The owner of a registered right can apply for customs assistance, so that the authorities intercept suspected counterfeit or infringing goods at the border and notify the rights holder, who can then act before the goods reach the market. For brands facing counterfeiting, this border control is often more practical than chasing individual sellers. It depends on having a registered right and a properly filed application. We arrange the customs watch and act on interceptions, as part of a broader enforcement strategy rather than in isolation.
06When do civil proceedings make sense?
When the infringement is serious, the infringer will not stop, or you need an injunction and damages that only a court can grant. Civil proceedings can secure an order to stop the infringement, the destruction of infringing goods, and compensation, but they cost more and take longer than a cease-and-desist, so they are usually a step taken when the cheaper routes have failed or the stakes justify them. The decision is a commercial one: what is the infringement worth, what is the cost, what is the likely outcome. We frame proceedings as a coordinated step within an enforcement strategy, working with litigation counsel where court representation is required, not as a reflex.
07What if my own mark is attacked in response?
It is a common counter-move, and one to be ready for. An infringer faced with enforcement will often attack the basis of your action, arguing your mark is not genuinely used, was wrongly registered, or does not cover the relevant goods. If that argument has force, your enforcement can collapse and your mark itself end up at risk. This is why confirming the strength of the right comes first: you want to know your own position is sound before you expose it. We assess that vulnerability up front and, where a mark is weak, address the weakness before acting, so enforcement does not become a fight to keep your own registration.
08How do I keep watch for infringement?
Through monitoring of new trademark applications and of the market, so you find conflicts early. A watch service flags new applications similar to your mark while the opposition window is still open, and market monitoring catches infringing use and counterfeits. Early detection matters because the opposition window is short and because long-tolerated infringement is harder to stop. A brand worth protecting is worth watching. We set up monitoring proportionate to the brand’s value and act on what it surfaces, so problems are caught while they are still cheap to address rather than after they have taken root.
09What does enforcement cost?
It depends entirely on the route. A cease-and-desist letter is modest; opposition is a defined proceeding with predictable cost; a customs watch is an ongoing arrangement; civil proceedings are the most expensive and least predictable. The point of assessing the right and the infringement first is to choose the route that achieves the outcome at proportionate cost. Often the letter is enough, and the expensive routes are reserved for serious cases. We scope and quote each step, and recommend the proportionate one rather than the most aggressive, so enforcement protects the brand without disproportionate spend.
10Can Goldblum handle enforcement?
Yes. We confirm the strength of your right, assess the infringement, and act proportionately: a cease-and-desist letter, opposition to a conflicting application, a customs watch against counterfeits, or coordinated civil proceedings where the stakes justify them, working with litigation counsel for court representation. We also set up monitoring so infringement is caught early, and address any weakness in your own mark before exposing it. The aim is to stop the infringement at proportionate cost and from a position of strength, not to escalate for its own sake. Enforcement rests on a registered, defensible mark in the first place.
Someone is using your mark?
Tell us what is happening. A partner confirms the strength of your right and acts proportionately — from a cease-and-desist to coordinated proceedings.