Creation of a distinctive trademark

3 March 2025

In the maze of trademark competition, only those with a clear and unique identity stand out. A strong trademark is the flagship of any company, embodying its values, quality and trustworthiness. But how do you create a trademark that is not only memorable, but also complies with legal requirements? In this blog, you will learn how to create a distinctive trademark that also meets the requirements of the Swiss Federal Institute of Intellectual Property (IPI) and the Trademark Law.

1. Understanding what makes a trademark

A trademark is much more than just a name or a logo. It is the sum of all perceptions and experiences that customers associate with your company and your products or services. A strong trademark communicates the uniqueness of your offering and differentiates you from your competitors.

2. The importance of distinctiveness

The IPI and the Trademark Law stipulate that a trademark must be distinctive in order to be eligible for protection. This means that it must be clearly distinguishable from other trademarks and not merely descriptive. For example, it would be difficult to protect the name "Super Cleaning" for a cleaning company as it is too general and descriptive.

3. Avoid public domain

A trademark name must not belong to the public domain. These are terms that already describe a specific product or service in everyday language and can therefore be used freely by anyone. An example would be the word "book" for a publishing house. Such designations offer no legal protection and no unique selling point.

4. Creativity and originality

Creating a trademark requires creativity. Look for a name that is original and evokes emotions. Use metaphors, puns or neologisms to create a strong association with your company without being directly descriptive.

5. Research is essential

Before deciding on a trademark name, you should carry out thorough research to ensure that the name is not already in use or confusing similar to existing trademarks. This not only prevents legal disputes, but also saves time and money.

6. Trademark registration and protection

Once you have created your trademark, it is essential to register it with the IPI. By doing so, you secure the exclusive right to use the trademark for the registered goods or services in Switzerland. Trademark protection only comes into effect upon registration in the trademark register.

Conclusion

Create a trademark that is original and evokes emotions. It represents the sum of all perceptions and experiences that customers associate with your company and your products or services. If you follow these principles, you will build a strong, memorable trademark that will stay in the hearts and minds of your customers. Please note that the trademark must not be descriptive, otherwise it is not eligible for protection.

Keep in mind that the trademark registration process can be complex and often requires specific legal knowledge. Working with a trademark specialist is not only an investment in the protection of your trademark, but also a safeguard against costly mistakes. Our specialists at VISCHER have the necessary expertise and experience to guide you through the entire process and make your trademark a strong and protected asset of your business. We also have an established worldwide network of IP specialists who can be consulted if necessary.

We hope this blog has provided you with helpful insights and invite you to get in touch with our specialists to clarify your individual questions and successfully establish your trademark. Your success is our concern and we are ready to support you along the way.

Authors: Mirjam Frick, Jacqueline Burri, Monika Llanderrozas (Team Leader), Marcia Eigenmann, Ariane Niemeyer