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  #1  
Old 29.10.2012, 23:44
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Company Name

Can my company have the same name as another company?
My company name example(ABC GmbH)
the other company has the same name (ABC AG)
My company is private the other is public so there should be no conflict
of interest right? I seen companies with the same name but ones private the other is public, and the have no relations with each other completly diffrent
legal form, owner and business activities.

The reason I ask is because a public corporation has the same
name I want to use for a GmbH I'm pretty sure there's no conflict
so long as they are in diffrent business activities logo etc.
Any one know the legality of two companies with the same name
but different legal entities (AG & GmbH). I assume as long as I'm not trying to
register the legal form that is already registered I should be fine.

I look forward to replies.
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  #2  
Old 30.10.2012, 06:27
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Re: Company Name

Nope. When you attempt to register your new company name, your Canton's Chamber of Commerce will check for similarly established names to ensure that there is no confusion. You'd have no chance with just a difference between the type of company, GmbH or AG.
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  #3  
Old 30.10.2012, 06:59
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Re: Company Name

Nope. This is because, inter alia, you can transform an GmbH into an AG.

Anyway from a marketing point of view, esp in this day and age of google and the web, why would you want to do that?
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Old 30.10.2012, 07:01
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Re: Company Name

Don't tell me, you want to open "Migros News 'n' Booze".

Cheers,
Nick
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Old 30.10.2012, 08:41
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Re: Company Name

Besides, why would the existing owner of the name let you? Even if you're in completely different businesses today, what is to stop one of you from expanding next year??
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Old 30.10.2012, 08:53
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Re: Company Name

Just stick a "the" in front of it.

Worked for thelocal.ch!
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  #7  
Old 02.11.2012, 15:58
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Re: Company Name

Depends on how much money you have.
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Old 02.11.2012, 21:15
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Re: Company Name

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Depends on how much money you have.
What do you mean depends on how much money I have?
I thought as long as I wasnt trying to register the same type of
entity, like there's already ABC (AG) which is a public company whether
it's privately held or not. I would be registering as ABC (GmbH) which
is a private company or LLC. So what I'm trying to figure out
is how would that be a conflict of interest with ABC (AG) it's a completely
diffrent legal form than ABC (GmbH). If there's no ABC (GmbH) registerd but a ABC (AG) registerd, does that mean I can't register ABC (GmbH)?
The way I see it is one is public and one is a private company
as long as I dont try to transform into and (AG) I should be within
the law. I'm pretty sure I can register the (GmbH) cause its a LLC and the
(AG) is a corporation they are to entirely diffrent entity.
Two companies can have the same name just diffrent activity, logo and legal form. The legal form is what separates the the two ones public and ones private.
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Old 02.11.2012, 21:33
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Re: Company Name

well. try registering UBS gmbh or Swisscom gmbh, and see what they say..?
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Old 02.11.2012, 22:19
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Re: Company Name

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Two companies can have the same name just diffrent activity, logo and legal form. The legal form is what separates the the two ones public and ones private.
You are confusing trademark registration by class with company name.

Further an AG is not "listed" on an exchange, but only "public" in the sense it can have a broad ownership of certificated shares with limited restrictions on transferability. A GmbH has limited liability divided into "parts" rather than shares and generally has strong premption rights over share transfers. So legally with respect other stakeholders than the shareholders there is not really a big difference, and anyway a GmbH can easily be turned into an AG.

You seem to feel you are very right. If you dont believe the consensus here, start the process and get the notary to check the name you have in mind. Which is BTW what?
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Old 02.11.2012, 22:32
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Re: Company Name

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What do you mean depends on how much money I have?
He means how much money do you have to buy out the other company.


What you are thinking of is if you have ABC Chocolate Ice cream. You can also have ABC Smart Phone.

However, if ABC AG is already registered you can't register ABC Gmbh. Period.
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Old 03.11.2012, 00:39
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Re: Company Name

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He means how much money do you have to buy out the other company.


What you are thinking of is if you have ABC Chocolate Ice cream. You can also have ABC Smart Phone.

However, if ABC AG is already registered you can't register ABC Gmbh. Period.
What if it's a foreign GmbH domicile in Switzerland?
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Old 03.11.2012, 00:41
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Re: Company Name

[QUOTE=dino;1704475]well. try registering UBS gmbh or Swisscom gmbh, and see what they say..?

Thanks you made that clear for me to understand.
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Old 03.11.2012, 00:43
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Re: Company Name

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You are confusing trademark registration by class with company name.

Further an AG is not "listed" on an exchange, but only "public" in the sense it can have a broad ownership of certificated shares with limited restrictions on transferability. A GmbH has limited liability divided into "parts" rather than shares and generally has strong premption rights over share transfers. So legally with respect other stakeholders than the shareholders there is not really a big difference, and anyway a GmbH can easily be turned into an AG.

You seem to feel you are very right. If you dont believe the consensus here, start the process and get the notary to check the name you have in mind. Which is BTW what?
Thanks you are right and cleared that up as I was confused about part.
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Old 03.11.2012, 07:01
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Re: Company Name

Just find a different name, it will be so much easier and it will stop you then having to complain about how expensive notaries are and how unfair cantonal authorites are.

It's been explained to you very clearly in the above posts. If you have an AG (SA) or a GmbH (Sārl) company it cannot have the same name as an exisiting company in the federal register. If you set up as a one man band, individual trader, your company name has to contain your own name.

We have no idea what your proposed name/business is, but surely it's not that unique that you can't another find a name for it ?
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Old 03.11.2012, 12:19
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Re: Company Name

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What if it's a foreign GmbH domicile in Switzerland?
I would think it should be registered in the other country and not in Switzerland, in which case going by the UK way of doing things, the official address would have to be based in the UK for example. You can make a note on the UK Company Registry site if things like company registration documents, etc, are kept at another address, but the official company address must be UK based iirc.

Maybe if the Swiss company is a subsidiary of a foreign one there's a way to register it here, but I've no idea how you'd do it.
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Old 06.11.2012, 20:49
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Re: Company Name

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Can my company have the same name as another company?
Generally, it's a very bad idea. It is also an equally bad idea to use someone else's active trademark as a company name. Even if it's unrelated business domain and even if it's in another country. My Swiss lawyer's advice, not mine.
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Old 07.11.2012, 02:02
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Re: Company Name

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Generally, it's a very bad idea. It is also an equally bad idea to use someone else's active trademark as a company name. Even if it's unrelated business domain and even if it's in another country. My Swiss lawyer's advice, not mine.
I m not gonna use another companies trademark
and what's to say if the company name I'm using is even
got a trademark, just cause a company is registered in
the Zefix doesn't give it any trademark rights. I'm probly gonna
use a stiftung as my legal form, it seems like an over looked
entity for business.
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Old 07.11.2012, 02:36
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Re: Company Name

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I m not gonna use another companies trademark
and what's to say if the company name I'm using is even
got a trademark, just cause a company is registered in
the Zefix doesn't give it any trademark rights. I'm probly gonna
use a stiftung as my legal form, it seems like an over looked
entity for business.
I do not know what you want to hear from us? That it is a great idea? It really isn't:

- there is a decent chance that your registration is rejected. That's completely independent of the form of your business. Because businesses in Switzerland can be transformed from one into another later on.

- there are plenty examples of businesses with similar names in different indurstries that still went to court. Using the name "Apple" is exactly what nearly killed Apple's business not once but twice. Because they promised in the first settlement to never ever enter the music industry...

Wikipedia reference-linkApple_Corps_v_Apple_Computer

- and in the event that everything works out, your application goes through and nobody sues you... I happen to work for a company with a very generic company name. You'll find tons of businesses with very similar names. That does not do any good to us as people constantly confuse us with other guys, domain names are typically taken, so we need to make stupid compromises there and people who search for us will likely end up somewhere else... the list goes on forever.

Bottom line: A successful business typically needs to stand out in order to be found by your future clients.
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Old 07.11.2012, 04:09
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Re: Company Name

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Nope. This is because, inter alia, you can transform an GmbH into an AG.

Anyway from a marketing point of view, esp in this day and age of google and the web, why would you want to do that?
What about soleproprioter, my last name is a buisness name
that is already registerd as an AG, which the company is a restaurant.
Now that company that is registered has my last name it's not my company
how would I register as a soleproprioter if my last name is already being used by
someone has registered it as an AG?
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