What is a company name?
A company name is the legally protected name of a business in commercial dealings. It serves as a unique identifier 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 business.
The statutory requirements:
The company name must meet a number of statutory requirements in order to be capable of registration. These include, among others, the following aspects:
Principle of truthfulness: the name must correspond to the actual circumstances
Prohibition of deception: no designations that could give rise to deception about the field of activity
Exclusivity: the name must be distinguishable from other registered company names
Legal form suffix: mandatory indication of the legal form (e.g. stock corporation, LLC)
Registration in the commercial register is essential for businesses: it confers legal personality (for an LLC or stock corporation), protects the company name, serves as legitimation in commercial dealings and creates trust and legal certainty through public transparency. Protection of the company name applies automatically throughout Switzerland from the moment of registration in the commercial register and protects the name against use by other businesses, or confers standing to sue where a similar name is used by another business.
What is a trademark?
A trademark is a protected sign that distinguishes the products or services of one business from those of its competitors. It is an important tool for identifying and positioning yourself in the market.
Swiss trademark law distinguishes three basic types of trademark:
Word mark: consists exclusively of letters, numbers or words
Figurative mark: comprises graphic elements, logos or symbols
Combined word and figurative mark: combines text and graphic elements
Legal protection of a trademark arises through registration in the trademark register at the Swiss Federal Institute of Intellectual Property (IPI). This registration grants the proprietor the exclusive right to commercial use of the trademark for the registered goods and services. The initial term of protection is 10 years and can be renewed any number of times. A protected trademark enables businesses to secure their innovations and their market value in the long term.
Differences between trademark and company name
The company name and the trademark fulfil different legal functions:
Identification function
Company name: identifies the business as a legal entity
Trademark: designates specific products or services
Scope of legal protection
Company name: other businesses may not use a similar company name
Trademark: other businesses may not label their goods or services with a similar sign
Start of protection
Company name: automatic protection through registration in the commercial register
Trademark: protection only after registration with the IPI
Geographic scope
Company name: Switzerland-wide protection
Trademark: national or international protection possible
Transferability
Company name: only together with a transfer of the business
Trademark: transferable independently of the business
A business can register its company name as a trademark and, conversely, incorporate a trademark into its company name - both rights of protection then exist in parallel.
Legal aspects of trademark protection in Switzerland
Swiss trademark law is based on the Trade Mark Protection Act (TmPA) and offers comprehensive protection for registered trademarks. Protection applies for 10 years from the filing date and can be renewed indefinitely. The Swiss Federal Institute of Intellectual Property (IPI) examines trademark applications according to criteria including the following:
Distinctiveness of the trademark
Absence of any risk of deception
No violation of public policy or accepted principles of morality
Not examined are earlier trademark rights of third parties: their owners can only assert them after registration through opposition or legal action
The territorial scope of protection is limited to Switzerland. International protection requires separate applications or an international registration under the Madrid System.
Guide to registering a company name or trademark in Switzerland
Company registration in the commercial register
Registering a company name begins with a careful preparation phase, in which the desired name must first be checked for availability. In parallel, the appropriate legal form is determined and all necessary documents are compiled. The next step is the actual application to the commercial registry office. .
Trademark registration with the IPI
A trademark application begins with a careful selection of the relevant trademark classes and the preparation of a detailed list of goods and services. The application is then filed with the IPI. In the examination procedure, the IPI first carries out a formal examination, followed by a substantive examination of eligibility for protection. After a successful examination, the trademark is entered in the trademark register.
Commercial register fees are set uniformly throughout Switzerland in the fee ordinance and depend on the legal form and the scope of the entry; the costs of notarisation vary from canton to canton. A nationally uniform basic fee applies to trademark registration. Both registration processes can be carried out in parallel.
Conclusion: making the right choice with Jurata at your side
Carefully distinguishing between trademark and company name forms the foundation for legally secure protection of your business. A well-considered strategy for both areas secures your business identity and strengthens your market position.
Use our platform and the expertise of our specialists for an efficient and cost-effective implementation of your plans. Contact us for individual advice on optimally safeguarding your business interests.
