The short answer
An entry in the commercial register is not a trademark registration. A company name does have its own legal protection, but a trademark identifies particular goods or services. An additional trademark application may make sense if customers recognise your offering by that name or logo.
What the commercial-register entry does
The company name is a business's legal name. The commercial register and trademark register serve different purposes. Registering your limited liability company therefore neither registers a trademark automatically nor guarantees that the same name can be registered as a trademark.
This does not mean that a company name is unprotected. Rights under company-name law may exist. Trademark protection can nevertheless complement them when identifying products. Whether an earlier company name or a trademark takes priority in a dispute requires a separate assessment.
Sources: IPI: FAQs on company names and trademarks · Canton of Zurich: Company names are not trademarks
Identify the sign your customers actually see
Check invoices, packaging, shop signs and your website. Does everything use the company name, or do you sell under a separate product brand? Your application should reflect your actual and planned market presence. The full name in the commercial register is not automatically the right choice for your trademark.
Record your specific offerings as well. Trademark protection relates to the registered goods and services. A logo, a company name and a product-line name should therefore not be treated as a single subject of protection without considering their differences.
Sources: SECO SME Portal: What is a trademark and how is it protected?
Search before printing the packaging
Look for earlier similar trademarks and company names before investing substantial sums in a name. The commercial-register entry does not replace this check. Nor does the IPI examine whether earlier rights in distinctive signs prevent registration during the trademark application process.
A simple overview helps when discussing an application: company name, visible product names, logos used and planned offerings. This lets you discuss which sign to assess first, rather than simply copying the commercial-register extract.
Sources: SECO SME Portal: What is a trademark and how is it protected?
What you can do now
- List the company name separately from the product or service names actually used.
- Search for similar earlier trademarks and company names before launching the brand.
- Choose the sign, owner, goods and services for the application.
Frequently asked questions
Does every registered company also have to apply for a trademark?
No. They are different forms of protection. Whether an additional trademark makes sense depends particularly on how you use the name for your offering and which risks you want to address.
Does a commercial-register entry guarantee that the IPI will accept my trademark?
No. The two authorities apply different criteria. A company name can be acceptable in the commercial register yet fail to meet the requirements for trademark registration.