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Intellectual property3 min read

Company name, domain and trademark: three checks before launch

A free domain and an accepted company name do not clear your brand. Search earlier rights before spending on a public launch.

Founders discussing plans and documents together.
Make the legal assumptions visible before committing the business.

Finding a short available domain feels like winning half the naming battle. Legally, it answers only one narrow question about a registration at that moment. A company name, a domain and a trademark serve different functions and can involve different rights. Before ordering packaging or launching a campaign, decide where you will trade and which goods or services the name will identify. A small clearance exercise is easier before customers know the brand.

Search beyond exact spelling

Check the commercial register and trademark databases, then consider similar names, sound, spelling and meaning in relevant markets. A different logo or an extra letter does not automatically avoid conflict. Search the actual product categories and related services, not only the category that sounds closest to your company description. Document the search date and limits. A database search is a useful first step, but difficult similarity questions and high-value launches may justify professional clearance.

Understand what registration does not promise

The Swiss IPI explains that possible infringement of earlier trademarks and company-name rights is not examined as part of the trademark registration procedure. Acceptance therefore is not an assurance that no earlier owner can object. Likewise, a commercial-register entry does not provide universal brand clearance. Example: a company can have a registered corporate name while a product sold under that name conflicts with an earlier mark in the relevant market.

Choose the owner and scope deliberately

Decide whether the trademark should belong to the operating company or another entity and ensure the founders' arrangements match. Define goods and services based on the genuine business plan. Think about the word mark separately from a logo that may change next year. Domain accounts should use controlled company access and renewal processes. If a founder registered the domain privately before incorporation, document transfer and administration rather than assuming repository or email access settles ownership.

Keep evidence and watch the next expansion

Save clearance notes, application documents, licences and proof of use. Reassess the name before entering a new country or product category: Swiss protection is not automatically worldwide. Avoid misleading geographic or descriptive claims in branding and obtain advice where a refusal ground or earlier right appears. The useful fact is that three green lights can mean three different things: a domain can be available, a company name registrable and a trademark application acceptable, while a conflict still needs resolving. Treat the checks as complementary, not interchangeable.

Sources

  1. Swiss Trademark Protection Act(Arts. 1–3, 6, 11 and 13)
  2. Swiss Code of Obligations(Arts. 944 ff.)
  3. Swiss IPI: eTrademark guidance(Earlier rights are not examined)

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