Federal Act on the Protection of Trade Marks and Indications of Source

¹Where the pro­pri­et­or has not used the trade mark in re­la­tion to the goods or ser­vices for which it is claimed for an un­in­ter­rup­ted peri­od of five years fol­low­ing the ex­piry of the op­pos­i­tion peri­od with no op­pos­i­tion hav­ing been filed or upon con­clu­sion of op­pos­i­tion pro­ceed­ings, he may no longer as­sert his right to the trade mark, un­less there are prop­er reas­ons for non-use.

²If use of the trade mark is com­menced or re­sumed after more than five years, the right to the trade mark is re­stored with ef­fect from the ori­gin­al pri­or­ity date, un­less non-use of the trade mark has been in­voked un­der para­graph 1 pri­or to its com­mence­ment or re­sump­tion of use.

³Any per­son who in­vokes non-use of a trade mark is re­quired to sub­stan­ti­ate his claim; evid­ence of use is re­quired to be provided by the pro­pri­et­or of the trade mark.