Should I register my trademark personally or in my company's name?

The short answer

An individual or a company can own a trademark. The right choice depends on who should own the brand as a business asset and who should use it. Personal ownership, transfer to a limited liability company and use under a licence are different arrangements.

Ownership is a business decision

The IPI generally accepts individuals and companies as applicants. Before filing, consider who should hold the trademark in the long term. Co-founders, a later business sale or use by several companies may be relevant. There is no standard answer that suits every new business.

Record the intended owner's correct name and address. If the intended company does not yet exist, the arrangements until incorporation must also be clarified. The tax and company-law implications of your chosen structure may require a separate assessment.

Sources: IPI: Who can apply for a trademark

An assignment changes the owner

Under Article 17 of the Trade Mark Protection Act, a trademark can be assigned in full or for some of the goods and services claimed. The assignment must be in writing. It becomes effective against third parties acting in good faith only once entered in the register.

For an existing trademark, register details and contractual documents should therefore be considered together. An old register extract alone does not answer every ownership question. The IPI provides an online register-change service; supporting documents may be needed depending on the change. The update should clearly reflect the transfer of rights actually agreed.

Sources: Fedlex: Trade Mark Protection Act, particularly Articles 17 and 18 · IPI: Requesting register changes online

A licence permits use

A licence gives someone else permission to use the trademark without automatically making them its owner. Article 18 permits limitations to certain goods or services and to all or part of Switzerland. Entering a licence in the register can also matter in relation to rights acquired in the trademark later.

For the working relationship, you should also agree duration, payment, exclusivity, permitted presentation and how use ends. These are points for a suitable agreement, not a guarantee of income. For a franchise or several participating companies, clarifying the contract before launching together is worthwhile.

Sources: Fedlex: Trade Mark Protection Act, particularly Articles 17 and 18

What you can do now

  • Clearly identify the intended owner before filing.
  • For existing trademarks, compare the register extract with assignment contracts.
  • Where other companies use the mark, document licence scope and responsibilities.

Frequently asked questions

Can I later sell a trademark to my limited liability company?

In principle, yes. A trademark can be assigned. The written-form requirement, correct contracting parties and register update must be considered; tax issues require a separate assessment.

Sources: Fedlex: Trade Mark Protection Act, particularly Articles 17 and 18 · IPI: Requesting register changes online

Does a licensee automatically become the trademark owner?

No. A licence permits the agreed use. Ownership changes require a corresponding transfer of rights. Contracts and business records should clearly distinguish the two roles.

Sources: Fedlex: Trade Mark Protection Act, particularly Articles 17 and 18

Apply in the right owner's name

State in your trademark enquiry whether an individual or an existing company should become the owner. Mention planned assignments or licences. The contracts for these arrangements should be clarified separately from the trademark application.

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Sources and context

This article explains general principles. Whether and how your sign can be protected depends on the sign, the goods and services concerned, and earlier rights.

  1. IPI: Who can apply for a trademark ↗www.ige.ch
  2. Fedlex: Trade Mark Protection Act, particularly Articles 17 and 18 ↗www.fedlex.admin.ch
  3. IPI: Requesting register changes online ↗www.ige.ch