Trademark protection in Switzerland and abroad: protect your company name and trademark

Let us shed some light on the tangible benefits a trademark registration offers your company:

Building a corporate identity requires a considerable investment of time and resources, especially to gain recognition in the market. Once you have achieved a level of brand recognition, it is common for competitors to try to copy elements of your brand such as colors, names or even products.

The legal protection of your brand through a registered trademark is an effective tool to ward off such attempts at imitation. More importantly, by having the right to license or sell your brand, you can turn it into a monetary asset that has the potential to significantly increase your company's sales.

What is considered a corporate brand?

A corporate brand symbolizes the uniqueness of your products and services, sets you apart from the competition and is the heart of your corporate identity.

There are different types of brands:

• Individual brands shape the identity of individual companies and their offerings - for example "SWISSCOM".
• Collective marks identify the products or services offered by associations of manufacturing, trading and service companies, for example FLEUROP or COIFFEURSUISSE. This type of trademark can only be deposited by such associations, while natural persons as individuals cannot act as depositors.
• Guarantee marks assure certain qualities or the origin of products and services. The owner must ensure that the products meet the specified standards. Anyone can register this trademark, but the owner must remain independent of the users of the trademark in order to avoid conflicts of interest.
• Geographical trademarks generally require prior registration or must be documented by a designation of origin or geographical indication recognized in Switzerland or by an ordinance of the Federal Council, or alternatively by a comparable regulation from abroad.

Here are the most common brand types:

• Word marks give meaning to words or numbers without color specifications, such as "Nexova" and stand purely for the name.
• Figurative marks capture the essence of your brand in symbols or images without the need for words - think of the iconic Nike swoosh logo.
• Word/figurative marks cleverly combine text elements with graphics or artistically designed fonts, whereby they can also incorporate specific color schemes. Rolex serves as an illustrative example.

In addition to those mentioned, there are many other types of trademarks that offer a wide range of options for marking and protecting intellectual property. These include acoustic marks that protect certain sounds or melodies, three-dimensional marks for the shape of products, color marks that protect a specific color or color combination, and other innovative types of marks that emphasize the unique character of a brand.

Every brand tells a story, your story, and serves as your ambassador in the world of business.

If you are planning to expand your business internationally, protecting your brand outside Switzerland is a crucial step. There are various ways in which you can protect your brand globally:

• National Intellectual Property Offices: For specific countries, you can contact the respective Intellectual Property Office directly. It is often necessary to appoint a local representative to navigate the registration process abroad.
• EU trademark registration with one application: To protect your trademark in the entire European Union, the European Union Intellectual Property Office (EUIPO) in Alicante, Spain, offers the possibility of obtaining trademark protection in all EU member states with just one application.
• The Madrid system: This international system, administered by the World Intellectual Property Organization (WIPO), enables trademark applications in over 125 countries and regional organizations through a uniform procedure. The application can be submitted conveniently online via the IPI website.

By opting for one of the above trademark registration routes, you can easily ensure that your brand is protected beyond Swiss borders.

It is a common misconception that registering a company in the Swiss commercial register automatically grants trademark protection. However, this assumption often leads to confusion and inadequate trademark protection.

The function of the commercial register is limited to protecting the company name, which means that other companies may not use the same or a very similar name for their company. However, this does not ensure comprehensive protection of the trademark, which also includes logos, designs, and specific product names.

For this reason, trademark protection is a valuable addition to registration in the commercial register. This protection is broader, and includes graphic elements, which ensures more extensive protection of your brand identity.

For a more in-depth explanation, read our article that sheds light on the nature of the commercial register.