Business name (Firma / raison de commerce)

How business names work under Swiss law

The business name (Firma, raison de commerce, ditta commerciale) is the official name under which a business appears in the commercial register. Art. 944 CO defines it as the name used in commerce and for signing transactions. Every entity entered in the register has one, and only one, business name at a time.

Art. 950 CO requires companies to include a legal-form designation in their name: a stock corporation carries «AG» or «SA», a limited liability company carries «GmbH» or «Sàrl». For a sole proprietorship, the owner's surname must appear in the name (Art. 945 CO). The choice of name is otherwise free, as long as it is truthful and does not mislead (Art. 944 para. 1 CO).

Exclusivity and protection

Every company name, including those of general and limited partnerships, must be distinct from every other name already registered in Switzerland (Art. 951 CO). Only sole proprietorships have a narrower rule: their name must be distinct within the same locality (Art. 946 CO). The register office refuses a name that is identical to one already registered, but it does not examine confusing similarity. That question is for the civil courts: anyone whose business name is infringed can bring an action for an injunction and damages under Art. 956 CO.

A business name and a trademark are separate instruments. A company may register a trademark at the Swiss Federal Institute of Intellectual Property (IPI) that differs from its business name. The trademark filings signal guide explains how to track these filings.

Translations and trading names

Translations of the business name in national languages or English may be entered in the register. A company called «Meier Holding AG» can register «Meier Holding SA» as its French equivalent. These translations appear in the register extract.

A trading name (Enseigne, insegna) is the name a business uses on its shopfront or in advertising. It is not entered in the commercial register and has no exclusivity protection under Art. 951 CO, but must not mislead the public.

In the commercial register and the SHAB

The business name is the first field on every register entry and is part of every SHAB (Swiss Official Gazette of Commerce) publication. When a company changes its name, the register office publishes a mutation notice in the SHAB that states the old name and the new one. The guide to reading SHAB notices walks through the format.

A branch carries the head office's business name and may add its own location (Art. 952 CO): «Muster AG, Zweigniederlassung Genf». On prospex.ch, former business names appear on the company profile with their dates. The register extract guide explains each field.

What to check when you see a business name

• Legal-form suffix: the suffix tells you the legal form and the liability rules that apply. «AG» and «GmbH» signal limited liability; the absence of a suffix on a registered entity usually points to a sole proprietorship.
• Name changes: a recent name change may indicate a restructuring, a rebranding, or a change of ownership. The SHAB notice gives the date and context.
• Exclusivity: if two names look confusingly similar, the holder of the older name can bring a court action under Art. 956 CO. Check whether one is a branch of the other.
• UID: the UID stays the same when the name changes, so you can track a company across renamings.