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

of 23 December 1992 (Status as of 1 January 2022)

1 Amended by No I of the O of 2 Sept. 2015, in force since 1 Jan. 2017 (AS 2015 3649).

Art. 37 Inspection of the files

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

73 Amended by No I of the O of 18 Oct. 2006, in force since 1 Jan. 2007 (AS 2006 4479).