Trademark or company: What is the difference?
Jun 17, 2025
The precise distinction between trademark and company is of crucial importance for Swiss companies. These legal concepts fulfill different functions in business life:
The company identifies your business as a legal entity
The trademark protects your products and services in the market
Confusing these terms can have legal and economic consequences. Correct handling of both elements is essential for sustainable business success. This article provides you with key insights into the main points with the following contents.
What is a company?
A company is the legally protected name of a business in commerce. It serves as a unique identification and is registered in the commercial register. The company name differs from a trademark due to its specific legal function as an official business name.
The legal requirements:
The company must meet a number of legal requirements to be eligible for registration. These include among other aspects:
Truthfulness: The name must correspond to the actual conditions
Prohibition of deception: No designations that give rise to deception about the field of activity
Exclusivity: The name must differ from other registered companies
Legal form suffix: Mandatory indication of the legal form (e.g., stock corporation, LLC)
The commercial register entry is essential for companies: It grants legal personality (in the case of LLC or stock corporation), protects the company name, serves as legitimacy in business transactions, and creates trust and legal certainty through public transparency. The protection of the company name automatically applies throughout Switzerland from the time of the commercial register entry and protects the name from being used by other companies or grants the legal standing to file a lawsuit in case of use of a similar one by other companies.
What is a trademark?
A trademark is a protected sign that distinguishes the products or services of a company from those of competitors. It is an important tool for identification and positioning in the market.
Swiss trademark law distinguishes three fundamental types of trademarks:
Word mark: Consists exclusively of letters, numbers, or words
Image mark: Includes graphic elements, logos, or symbols
Word-image mark: Combines text and graphic elements
The legal protection of a trademark arises from registration in the Trademark Register with the Federal Institute of Intellectual Property (IGE). This registration grants the owner the exclusive right to use the trademark commercially for the registered goods and services. The protection period initially lasts for 10 years and can be extended indefinitely. A protected trademark allows companies to secure their innovations and market value in the long term.
Differences between trademark and company
The company and the trademark fulfill different legal functions:
Identification function
Company: Identifies the business as a legal entity
Trademark: Distinguishes specific products or services
Scope of legal protection
Company: Other companies are not allowed to use a similar company name
Trademark: Other companies cannot label their goods or services with a similar sign
Start of protection
Company: Automatic protection through commercial register entry
Trademark: Protection only after registration with IGE
Geographical scope
Company: Protection throughout Switzerland
Trademark: National or international protection possible
Transferability
Company: Only transferable with the transfer of the business
Trademark: Transferable independently of the business
A company can register its company name as a trademark and conversely incorporate a trademark into 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 (MSchG) and offers comprehensive protection for registered trademarks. Protection is valid for 10 years from the date of application and can be renewed indefinitely. The Federal Institute of Intellectual Property (IGE) examines trademark applications based on the following criteria, among others:
Distinctiveness of the trademark
Absence of deception risk
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.
Guidance for registering a company or trademark in Switzerland
Company registration in the commercial register
Company registration begins with a careful preparation phase, in which the desired name must first be checked for availability. At the same time, the appropriate legal form is determined, and all necessary documents are compiled. The actual application to the commercial register office takes place in the next step.
Trademark registration with IGE
The trademark application begins with the careful selection of the relevant trademark categories and the creation of a detailed list of goods and services. Then the application is submitted to the IGE. In the examination process, a formal examination by the IGE is first carried out, followed by a substantive examination of the protectability. After a successful examination, the trademark is registered in the Trademark Register.
The costs for a company registration depend on the chosen legal form and the respective canton. A uniform national basic fee is charged for trademark registration. Both registration processes can be carried out in parallel.
Conclusion: Making the right choice with Jurata at your side
Careful distinction between trademark and company forms the foundation for the legally secure protection of your business. A well-thought-out strategy for both areas secures your business identity and strengthens your market position.
Use our platform and the expertise of our experts for efficient and cost-effective implementation of your projects. Contact us for personalized advice on the optimal protection of your business interests.
