The short answer
A name that merely describes your product or its characteristics is generally not eligible for trademark protection. The whole sign, the goods or services claimed and the public's understanding are decisive. Adding a distinctive element can help.
A useful search term is not automatically a strong trademark
Article 2 of the Trade Mark Protection Act generally excludes signs in the public domain from protection. These include indications that merely describe a product's type, quality, purpose or origin. The IPI assesses the connection with the particular offering. A term that describes one product may not have the same meaning for another.
One preliminary question helps when choosing a name: Does the expression mainly describe the offering, or can customers use it to recognise your particular business? This is preparation for an assessment, not a separate test of legal eligibility.
Sources: Fedlex: Trade Mark Protection Act, Article 2 · IPI: Grounds for refusal and acquired distinctiveness
Check English words and design carefully
Translating a name into English does not automatically remove its descriptive meaning. The IPI considers German, French, Italian and English in its examination. A word that only some of your customers understand immediately therefore still deserves attention.
Word marks, figurative marks and combined word/figurative marks are different forms of application. An independent visual element can change the overall impression. That does not mean you own the descriptive expression on its own. Before applying, decide whether you primarily want to protect the name or the particular design.
Sources: IPI: Grounds for refusal and acquired distinctiveness · IPI: Word marks, combined word/figurative marks and colour marks
Acquired distinctiveness is not an easy route for a new business
Under certain conditions, a sign that was originally descriptive can gain protection through intensive use as a trademark in the Swiss market. The relevant public's perception is decisive. A new website or a short advertising campaign does not prove this on its own.
For a new offering, it is therefore often practical to develop several distinctive name options. Assess them against the same products and audience. If a name has already been used for a long time, collect existing records of that use and have the significance of the evidence assessed separately.
Sources: Fedlex: Trade Mark Protection Act, Article 2 · IPI: Grounds for refusal and acquired distinctiveness
What you can do now
- Assess the name together with the products you actually plan to offer.
- Consider descriptive meanings in the other relevant languages too.
- Choose distinctive alternatives and the form of application you want.
Frequently asked questions
Does a special typeface make my name eligible for protection?
Not necessarily. The overall impression of the sign applied for is decisive. In the individual case, the graphic design must contribute sufficiently to distinctiveness; it does not grant a blanket monopoly over descriptive words.
Sources: IPI: Word marks, combined word/figurative marks and colour marks · IPI: Grounds for refusal and acquired distinctiveness
Can a single colour be protected as a trademark?
Colours generally belong to the public domain. An exception may apply where acquired distinctiveness is proven. This is different from a logo that is simply registered in a particular colour.
Sources: IPI: Word marks, combined word/figurative marks and colour marks