What trade name is permitted for branch offices?
The branch must operate under the same trade name as the head office. However, there are additions that can be made. The trade name of branches of foreign companies is subject to additional rules concerning formation.
Branch Trade Name
The trade name is the chosen name of a natural or legal person for their company’s operations. The trade name of a company is listed in the commercial register.
Branches must operate under the same trade name as the head office. Special additions can be made, provided that these only apply to the branch ((Art. 952 Para. 1 OR (Swiss Code of Obligations)). The name addition must contain the component, ‘Branch’ or a corresponding translation such as “Zweigniederlassung”. In accordance with conventional commercial register practice, the name addition can refer to an activity, brand or the trade name of an acquired business that continues to be operated within the branch. In any case, the trade name chosen should not be misleading.
E.g.: The trade name of the Geneva branch office of STARTUPS.CH is: STARTUPS.CH AG, succursale de Genève.
Foreign Branch Offices
If a foreign company establishes a branch in Switzerland, additional points must be complied when forming the trade name: The trade name of the branch office must refer to the location of the head office, the location of the branch office and specifically determine that it is a branch office (Art. 952 Para. 2 OR). Foreign legal forms do not require translation since translated legal forms are mostly inappropriate in terms of content.
E.g.: HSBC Bank plc, London, Zurich Branch (source: www.zefix.admin.ch)
Trade name does not imply brand
The brand name has to be considered separately and doesn’t imply trade name. The function of the brand name is to designate products or services (Art. 1 Para. MSchG (Protection of Trade Marks)). The creation of brand names is subject to principles other than those, which apply to the corporate form.
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