Founding a company / Question 5
What does a name conflict cost later?
Intelligence, not legal advice. Screening is a starting point, not a clearance opinion.
More than the filing did. A mark that infringes an earlier right can be partly or fully cancelled. The IPI warns of opposition proceedings, damages and expensive civil proceedings, possibly years after registration, when the money spent on the name is already gone.
01 / The first three months
Opposition, and who pays.
The holder of an earlier mark can oppose a new Swiss registration within three months of its publication, and the opposition fee is due within the same time limit. (MSchG Art. 31) The IPI’s opposition fee is CHF 800. (IPI, Costs and fees)
If the opponent wins, you usually have to reimburse their lawyer’s fees. (IPI, Filing an opposition)
Check a brand name ↑02 / Years later
A court case can come long after.
Infringing the rights of others can lead to the partial or complete cancellation of your mark and to heavy costs: opposition proceedings, potential damages and expensive civil proceedings. Because a third party can go to court long after registration, advertising and other investments in the mark may be lost too. (IPI, Risk of conflict)
The holder of a mark can ask a court to prohibit an imminent infringement and to remedy an existing one; claims for damages and for handing over profits remain open under the Code of Obligations. (MSchG Art. 55)
Check a brand name ↑03 / The business name
The company name is not exempt.
A protected trademark and a business name can conflict with each other, which is why the IPI recommends checking trademarks before the entry in the commercial register. (IPI, Starting a company)
A holder can prohibit others from using a conflicting sign on business papers, in advertising or otherwise in the course of trade. (MSchG Art. 13(2)(e))
Check a brand name ↑04 / In Antevo
The cheapest conflict is the one you see first.
The free check screens a name across 50+ trademark registers and lists the marks near it, with office, status and the holder where it is a company. A free account then watches one name for new filings, so an opposition window does not pass unseen. No account needed for the check; the answer appears on this page.
Check a brand name ↑Sources
Where this comes from.
The counts behind the figures and the primary sources for every legal point. Intelligence, not advice: nothing here is legal advice, and a trademark attorney confirms whether a name is free and how to protect it.