Ordinance
on the Protection of Trade Marks and
Indications of Source¹
(TmPO)

¹ Pri­or to the re­gis­tra­tion of the trade mark, the dossier may be in­spec­ted by:

a.

the ap­plic­ant and their rep­res­ent­at­ive;

b.

per­sons who prove that the ap­plic­ant is ac­cus­ing them of in­fringing the ap­plic­ant’s right to the filed trade mark or has warned them of such an in­fringe­ment;

c.

oth­er per­sons with the ex­press con­sent of the ap­plic­ant or their rep­res­ent­at­ive.

² The per­sons named in para­graph 1 may also in­spect the files re­lat­ing to ap­plic­a­tions for re­gis­tra­tion that have been with­drawn or re­jec­ted.

³ Any­one may in­spect the dossier after the trade mark has been entered in the Re­gister, provided that the pub­lic­a­tion has not been de­ferred.

⁴ The IPI shall make a de­cision re­gard­ing the in­spec­tion of sep­ar­ately filed of­fi­cial doc­u­ments of evid­ence (Art. 36 para. 3) fol­low­ing con­sulta­tion with the pro­pri­et­or of the trade mark.

⁵ On re­quest, the files to be in­spec­ted shall be is­sued in the form of cop­ies.⁷³