The precise distinction between brand and company name is of crucial importance for Swiss companies. These legal concepts fulfill different functions in business life:
The company name identifies your company as a legal entity
The trademark protects your products and services in the market
Confusing these terms can have legal and economic consequences. The correct handling of both elements is decisive for sustainable business success. This article provides you with information on the most important key points with the following content.
What is a company name?
A company name is the legally protected name of a company in business transactions. It serves as a unique identification and is entered in the commercial register. The company name differs from a trademark in its specific legal function as the official name of the company.
The legal requirements:
The company name must meet a number of legal requirements in order to be registrable. These include the following aspects:
Principle of truth: The name must correspond to the actual circumstances
Prohibition of deception: No designations that give cause for deception regarding the field of activity
Exclusivity: The name must differ from other registered companies
Addition of legal form: Mandatory specification of the legal form (e.g. stock corporation, LLC)
The commercial register entry is essential for companies: It confers legal personality (for LLC or stock corporation), protects the company name, serves as legitimacy in business dealings and creates trust and legal certainty through public transparency. Company name protection applies automatically throughout Switzerland from the moment of entry in the commercial register and protects the name against use by other companies or rather confers active legitimacy to sue in the event of the use of a similar one by other companies.
What is a trademark?
A trademark is a protected sign that distinguishes a company's products or services from those of the competition. It is an important tool for identifying and positioning oneself in the market.
Swiss trademark law distinguishes three basic types of trademarks:
Word mark: Consists exclusively of letters, numbers or words
Figurative mark: Includes graphic elements, logos or symbols
Word-picture mark: Combines text and graphic elements
The legal protection of a trademark arises from its registration in the trademark register at the Swiss Federal Institute of Intellectual Property (IPI). This registration grants the owner the exclusive right to use the trademark commercially for the registered goods and services. The period of protection is initially 10 years and can be extended as often as desired. A protected trademark enables companies to secure their innovations and market value in the long term.
Differences between trademark and company name
The company name and the trademark fulfill different legal functions:
Identification function
Company name: Identifies the company as a legal entity
Trademark: Identifies specific products or services
Scope of legal protection
Company name: Other companies may not use a similar company name
Trademark: Other companies may not mark their goods or services with a similar sign
Commencement of protection
Company name: Automatic protection through entry in the commercial register
Trademark: Protection only after registration with the IPI
Geographical scope
Company name: Switzerland-wide protection
Trademark: National or international protection possible
Transferability
Company name: Only with transfer of the company
Trademark: Transferable independently of the company
A company can register its company name as a trademark and, conversely, include a trademark in the company name - both protective rights then exist in parallel.
Legal aspects of trademark protection in Switzerland
Swiss trademark law is based on the Trademark Protection Act (TmPA) and offers comprehensive protection for registered trademarks. Protection is valid for 10 years from the filing date and can be extended indefinitely. The Swiss Federal Institute of Intellectual Property (IPI) examines trademark applications according to the following criteria, among others:
Distinctiveness of the trademark
Absence of danger of deception
No violation of public order or good morals
No infringement of existing trademark rights
The territorial scope of protection is limited to Switzerland. For international protection, separate applications or an international registration under the Madrid System are required.
Instructions for registering a company name or trademark in Switzerland
Company registration in the commercial register
Company registration begins with a careful preparation phase, in which the availability of the desired name must first be checked. In parallel, the appropriate legal form is determined and all necessary documents are compiled. The next step is the actual registration with the Commercial Registry Office. .
Trademark registration with the IPI
Trademark registration begins with the careful selection of the relevant trademark categories and the creation of a detailed list of goods and services. The application is then submitted to the IPI. In the examination procedure, a formal examination by the IPI takes place first, followed by a substantive examination of protectability. After a successful examination, the trademark is entered in the trademark register.
The costs for entering a company depend on the chosen legal form and the respective canton. For trademark registration, a nationally uniform basic fee is charged. Both registration processes can be carried out in parallel.
Conclusion: Making the right choice with Jurata at your side
The careful distinction between brand and company name forms the foundation for the legally secure protection of your company. A thoughtful strategy for both areas secures your business identity and strengthens your market position.
Take advantage of our platform and the expertise of our experts for an efficient and cost-effective implementation of your projects. Contact us for individual advice on optimal protection of your business interests.
