How to register a trademark: step-by-step guide

Trademark registration makes it possible to obtain an exclusive right to use a name, logo, or distinctive sign for specific goods or services.

In this complete guide, we explain:

• how trademark registration works
• which steps to follow to protect your brand
• which mistakes to avoid
• how to manage and defend your brand over time

Why Registering a Trademark Is Essential

Registering a trademark gives you an exclusive right to use a distinctive sign. In practical terms, this means that you can:

• prevent a competitor from using an identical or similar sign
• protect your business identity
• increase the value of your company
• secure your marketing and product investments

A registered trademark also becomes a genuine intangible asset. It can be assigned, licensed, or valued during a fundraising round or the sale of a business.

By contrast, using a name without protection involves several risks:

• a competitor may register the trademark before you
• you could be forced to change your name
• you could even be accused of trademark infringement

What Is a Trademark?

A trademark is a sign that makes it possible to distinguish the goods or services of one company from those of its competitors.

A trademark can take different forms.

Word trademarks

This simply means a brand name, without any particular graphic design.

Examples:

• Google
• Rolex
• Spotify

This type of trademark generally offers the broadest protection.

Figurative trademarks (logos)

A trademark can also protect a logo or a graphic element.

In this case, the protection mainly covers the registered visual form.

Other types of trademarks

There are also other, more specific forms of trademarks:

• three-dimensional trademarks
• position trademarks
• sound trademarks
• colour trademarks

These cases are more complex and often require a specific analysis.

You can explore this topic further in our article : Types of trademarks that can be protected

Step 1: Choose an Available Brand Name

Before registering a trademark, it is essential to check that it does not conflict with an existing trademark.

This step is often overlooked by businesses, even though it is decisive.

A good brand name must be :

• distinctive
• legally available
• commercially relevant

A prior trademark search makes it possible to check whether similar trademarks already exist.

If an identical or very similar trademark is registered for similar goods or services, the application may be refused or challenged.

To learn more, see our guide: How to choose a good brand name

Step 2: Choose the Right Classes of Goods and Services

When filing, trademark protection only applies to the goods and services that you specify.

These goods and services are organised according to an international system called the Nice Classification.

There are 45 classes:

• 34 classes for goods
• 11 classes for services

For example:

• software → class 9
• clothing → class 25
• legal services → class 45

Choosing the right classes is a strategic step.

Protection that is too narrow may allow competitors to use the brand in related fields.

By contrast, choosing too many classes may increase costs unnecessarily.

To understand this essential step, see our article : Nice Classification and class selection

Step 3: File the Trademark with the Relevant Office

Once the strategy has been defined, the trademark can be filed with the relevant intellectual property office.

For example:

• in Switzerland: with the IPI (Swiss Federal Institute of Intellectual Property)
• in the European Union: with the EUIPO
• internationally: through WIPO and the Madrid system

The filing generally includes:

• the brand name or logo
• the list of goods and services
• the applicant’s details

After filing, the office examines the trademark to verify in particular :

• that it is distinctive
• that it is not descriptive
• that it complies with formal requirements

If everything is in order, the trademark is registered.

Step 4: Monitor Oppositions and Conflicts

Once the trademark is published, owners of earlier trademarks may file an opposition if they believe that your trademark creates a likelihood of confusion.

This is why it is important to carry out a serious prior trademark search before filing.

A well-prepared trademark strategy significantly reduces the risk of disputes.

Step 5: Use and Defend Your Trademark

Once registered, the trademark must be used and monitored.

Two points are particularly important.

Use of the trademark

In many countries, a trademark may be cancelled if it is not used for several years.

It is therefore essential to use the trademark in the course of business.

To learn more, see our article : Trademark use and risk of cancellation

Monitoring trademark filings

Competitors may attempt to register similar trademarks.

Setting up a trademark watch makes it possible to detect these filings quickly and take action.

We explain this mechanism in our article : Monitor your trademark

International Protection: Should You Register Your Trademark Abroad?

If your company is expanding internationally, it may be necessary to protect your trademark in several countries.

There are several strategies:

• national filing in each country
• territorial trademark protection (for example, in the European Union)
• the international Madrid system

Each solution has advantages and constraints.

You can explore this topic further in our guide : Protect your trademark internationally

Common Mistakes When Filing a Trademark

Many businesses make mistakes when filing a trademark.

The most common are :

• choosing a name that is too descriptive
• not checking trademark availability
• selecting the wrong classes
• filing only a logo when the name should also be protected
• choosing the wrong trademark category

These mistakes can weaken protection and create legal risks.

We explain these points in detail in our article : Mistakes to avoid when filing a trademark

How Long Does Trademark Protection Last ?

In most countries, a trademark is protected for 10 years from the filing date.

The good news is that this protection can be renewed indefinitely, as long as the trademark is used and renewals are duly made.

Some famous trademarks have therefore been protected for more than a century.

Getting Support to Register a Trademark

Registering a trademark may seem simple, but it actually involves many strategic and legal aspects :

• prior trademark searches
• class strategy
• international protection
• opposition management

Support from specialists helps avoid mistakes that could prove costly in the long term.

Tradamarca’s experts assist companies, start-ups, and entrepreneurs with:

• choosing a brand name
• availability searches
• trademark registration in Switzerland and internationally
• trademark defence and monitoring

If you are developing your brand or launching a new project, protecting your trademark from the outset is one of the best investments you can make.