Guide
Why Trademark and Name Checks Matter?
A new brand is often adopted, used and even registered before anyone has confirmed that it is actually available. The assumption is that a registration settles the matter. It does not. A trademark can be validly registered and still infringe the earlier rights of a third party - which means the brand you believed you owned may, in fact, not be yours to use.
In brief
- Registration is not unrestricted permission to use. The IPI does not examine conflicts with earlier trademarks or company names. Commercial register authorities do check company-name identity as well as legality; similarity disputes require separate assessment.
- Search for similar signs, not just identical ones. Naming rights also protect against confusing similarity.
- Early checks can reduce later costs. Opposition, cancellation, injunctions and a forced rebrand can be considerably more expensive after launch.
Registration is not the same as the right to use
The IPI examines registration requirements, including absolute grounds such as descriptive or misleading signs. It does not examine conflicts with earlier trademarks or company names during registration. Applicants need to investigate those risks.
Commercial register authorities examine legality and company-name identity within the relevant scope. They do not decide disputes about confusingly similar names. Neither registration provides comprehensive freedom to use.
See the IPI trademark FAQs and EHRA’s explanation of company-name searches and protection.
The trademark and company name search
Start with identical and similar trademarks in the relevant goods and services and territories. Depending on their status and the applicable procedure, earlier registered or pending marks may support opposition or later cancellation.
Earlier company names must also be considered: an identical registered company name can block registration within the relevant scope, while a confusingly similar name can lead to a court-ordered change. Finding potential conflicts early allows you to assess them while changing course is still relatively inexpensive.
Search beyond identical register entries. Checkname.ch screens Swiss registers and the web for identical and similar signs.
Beyond the trademark register
A brand can be blocked by rights that never appear in the trademark register. A complete check therefore also examines:
- Identical and confusingly similar trademarks that are already registered or pending and may support opposition or cancellation;
- Registered company names in the commercial register, which enjoy protection under company-name law and can prevent the use of a confusingly similar sign;
- Signs already in use where name rights, continued-use rights or unfair-competition law may apply. Prior use alone does not automatically create a comprehensive trademark right; and
- Domains and online presence corresponding to the intended brand.
The point is simple: ownership of a brand depends not only on what is registered as a trademark, but on the whole field of existing names and signs that a new brand might collide with.
What is at stake
A later conflict can get expensive: a cease-and-desist demand, loss of a registration, a forced company-name change, a rebrand and lost recognition. Depending on the right involved, its holder may oppose registration, seek cancellation or obtain an injunction against continued use.
By then, marketing, packaging, signage and goodwill may already be built around the brand. Rebranding at that point can cost considerably more than early research, and part of the investment in the name may be lost.
Conclusion
A pre-filing check does not remove every risk. It helps prevent obvious conflicts from being discovered only after money and trust have been invested in a name. For a brand with commercial significance, an early check is a modest investment compared with the potential cost of a later dispute.
Checkname.ch helps you better understand the results and impact.