Photo courtesy of spekulator
By Crissy Mueller, Writing that Works
If you are thinking of setting up your own business, one of your first decisions will be what to call it. The name you choose will be the basis for your whole branding/marketing strategy – and will hopefully create a powerful first impression.
The fun part (at least, for us right-brain thinkers) is coming up with something catchy and original. There are lots of resources and tools to do this, many just a mouse click away, including everything from articles written by experts on latest trends to mind mapping and other tools to get your creative juices going.
But then there is the whole, legal/administrative side to consider, which is what I want to focus on here. There are a few limitations particular to Switzerland that it’s good to be aware of before you launch into the creative part. If you’re an expat lacking fluency in one of the country’s official languages, finding information about these legal guidelines in English all in one place is not so easy. I am by no means an expert on all this, but here are a few useful things to keep in mind from my personal experience as a fellow expat, to give you a place to start.
1.Does the name fit the basic Swiss “rules”?
If you are starting up a sole proprietorship (Einzelfirma/Raison Individuelle), the first basic rule is that your official company name has to include at least the owner’s family name in it. Before you get disappointed that you are too limited by this, the good news is you CAN have a logo and a name on the website that doesn’t include your name, let’s say Superstar Design. But the name indicated on all official documents like invoices and in the commercial register would be “Superstar Design, Jane Smith”.
Other things to be careful with, no matter what kind of legal form your company has, are special characters and abbreviations (here is a list of forbidden ones). In general, the guidelines state that you cannot have a “misleading” name in respect to the type of business you have. The official guidelines in German and French are not light reading for non-lawyers. Luckily, if you have a pretty high level of German/French/Italian (or can get help from a friend who does), the very useful Start Biz website will conduct a preliminary check on whether the name you want seems to fit the basic rules. A service provided by the Swiss State Secretariat for Economic Affairs (SECO), this easy-to-use website even takes care of all key registrations for you automatically, such as registering in the commercial register and for social insurance. It’s is like a silver bullet for new entrepreneurs in Switzerland.
2.Does the name already exist?
The next thing you have to check is whether the name you want is already being used. You can’t use something that already exists, or that sounds too similar to an existing company name (and anyways, why would you want to?) Luckily, Switzerland’s Central Business Names Index website is available in English. (It’s also very easy to find the address and full contact information for your own canton’s commercial registry on this site). Whether you want to do this search yourself or have it professionally done is up to you. Again, if you use the startbiz.ch website mentioned above, it will automatically search this for you. But the only way to be certain is to check with your canton’s commercial registry.
3.Does the name infringe on existing trademarks?
Finally, it’s good to check if your company name infringes on existing trademarks, to prevent any unpleasant surprises down the line. The Swiss Federal Institute of Intellectual Property for SMEs and newcomers has a comprehensive website about intellectual property matters, written in plain English. According to their website: “if you enter a company in the Commercial Register, this doesn’t also mean that the company name is protected as a trade mark”. The only way to be completely sure that your company name does not infringe on existing trademarks (and to avoid potentially expensive legal disputes) is to get help from a lawyer, who will conduct a search for you. But if you want to do some initial research on your own, you can do it through the websites listed here. By the way, if you are thinking of getting your company name trademarked, ten years of trade mark protection in Switzerland for three classes of goods or services costs CHF 550 (not including legal fees).
And voila, once you’ve covered these bases, you’ll be well on your way. The only other key step would of course be to secure the domain name, and then your branding can go full swing. When you get to that next stage, through my own writing services business, Writing that Works, I can help with writing professional text in English for your new brochure or website. If you need someone to create a unique logo and branding identity, I partner with an excellent designer and marketing specialist at xi Creative. We offer package prices to help you bring all the design and writing aspects together in a powerful way, to get your new business going. Let me know if you want to learn more.
Happy creating!
DISCLAIMER: While every effort has been made to provide the most accurate information possible, please use your discretion before taking any decisions based on the information in this article. Author claims no responsibility and will not provide compensation in any way whatsoever for any loss/inconvenience/damage because of/while making use of information in this article.
Bio
Crissy Mueller is an expat entrepreneur based in the La Côte region of Lake Geneva. She provides writing, editing and translation services through her company, Writing that Works. Her mission is to help businesses and individuals get the results they want though quality writing in English.
Before starting her own business, Crissy worked for companies and organizations in Germany, Switzerland and the United States, where she managed and coordinated a variety of programs at the intersection of education, travel and cultural exchange. She has a Master’s degree in International Relations from the University of Cambridge, and a Bachelor’s degree in International Relations and German from Tufts University.
She is passionate about intercultural communication, entrepreneurship, and discovering how to live life to the fullest.
Website: www.writingthatworks.net
