Federal Act
on the Protection of Trade Marks and Indications of Source
(Trade Mark Protection Act, TmPA)

¹ Any per­son may file a re­quest for can­cel­la­tion of the trade mark with the IPI on the grounds of non-use in ac­cord­ance with Art­icle 12 para­graph 1.

² The re­quest may be filed at the earli­est:

a.

if no op­pos­i­tion has been filed: five years fol­low­ing the ex­piry of the op­pos­i­tion peri­od;

b.

in the event of op­pos­i­tion pro­ceed­ings: five years after the con­clu­sion of op­pos­i­tion pro­ceed­ings.

³ The re­quest is deemed to have been filed as soon as the ap­pro­pri­ate fee has been paid.