Company name, trademark and domain name: don't mix them up
"I've reserved the domain name, so my name is protected." This is one of the most common mistakes among new entrepreneurs. The name registered in the commercial register, the trademark and the domain name are three different things, protected by three different sets of rules. Aligning them from the start avoids having to rename your business just as it starts to become known.
The company name: the official name of the business
The company name (raison de commerce, Firma) is the name under which the business is entered in the commercial register (for example "ABC Consulting GmbH"). It appears on contracts, invoices and in the public register, together with the business identification number (UID).
Its protection depends on the legal form:
- GmbH and AG: the company name must be clearly distinguishable from all those already registered throughout Switzerland, and it is protected nationwide.
- Sole proprietorship: the name must contain your surname and is only protected in the locality where the business is registered.
What the company name does not do: it gives you no exclusive right to the name as a commercial sign for your products or services. Another business may have registered that name as a trademark before you.
The trademark: what protects your brand name
A trademark distinguishes your products or services from those of competitors. It can be a name, a logo, a slogan, even a shape or a colour. It does not come into being with the company: you have to register it with the Swiss Federal Institute of Intellectual Property (IPI) for Switzerland, and extend protection abroad if needed (European Union, international registration).
- Protection covers the classes of goods or services chosen when filing.
- It lasts 10 years and can be renewed indefinitely.
- The basic IPI filing fee is CHF 450 for up to three classes (reduced for online filing); each additional class costs CHF 100.
A business can own several trademarks, and the same trademark can be licensed to others. Before filing, carry out a clearance search: a name already protected by a similar trademark, for similar services, exposes you to an opposition or legal action.
The domain name: your address on the internet
The domain name (for example digitaladmin.ch) is your web address and the name used in your email addresses. You reserve it for a few francs a year with a registrar, on a first come, first served basis.
Reserving a domain gives you no right to the name. If the name is protected by a third party's trademark or company name, they can demand that the domain be transferred, notably through the dispute resolution procedure for .ch domains.
Three levels, three roles
| Company name | Trademark | Domain name | |
|---|---|---|---|
| Where | commercial register | IPI (Switzerland), EUIPO, WIPO | registrar |
| Protects | the name of the legal entity | the sign for goods/services | nothing, it is an address |
| Scope | Switzerland (GmbH, AG) or locality (sole proprietorship) | chosen classes and countries | worldwide, no exclusive right |
| Duration | as long as the business exists | 10 years, renewable | as long as you pay |
In which order to act?
- Check availability at the same time in the commercial register (Zefix), in the trademark registers (Swissreg) and as a domain name.
- Reserve the domain as soon as the name is chosen: it costs little and prevents someone else from taking it.
- Register the trademark before communicating widely, especially if the name is central to your offer.
- Incorporate the company under the chosen company name.
Example: you set up "ABC Consulting GmbH". You check that no "ABC" trademark is registered for consulting services, reserve abc-consulting.ch, register the "ABC" trademark in the consulting services class, then have the company entered in the register. Official name, trademark and web address are aligned and protected.
Digital Admin supports you
When we set up your GmbH or AG, we check the availability of the company name with you before launching the notarised deed. You then start with your accounting and your management app ready from day one.
See our company formation offer · Read also: sole proprietorship, GmbH or AG?
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