Changing your name or logo: should you refile a trademark?

Changing your company name, modernising your logo, redefining your visual identity... These steps, commonly referred to as rebranding, often mark a key moment in a company’s development. They reflect growth, repositioning or strategic evolution.

But while you may invest heavily in a new brand image, have you considered whether your legal trademark protection is still adequate? A change in brand identity can weaken your trademark rights if your intellectual property strategy is not updated accordingly.

In this article, we explain why refiling your trademark after a rebranding may be necessary, and how to avoid common pitfalls.

Rebranding : what changes from a legal perspective

The use of a trademark is essential to maintain its protection.

But trademark protection is strictly based on what has been officially registered. It does not automatically extend to changes in your visual or verbal identity. In practice:

• If you change your brand or trade name, the new name is not covered by your original trademark registration.
• If you update or redesign your logo, even slightly, the new version may no longer be protected and you may need to file a new trademark.
• If you launch a new product under a new name, that designation is protected only if it has been filed separately.

These situations can have serious consequences. In the event of a dispute, you may be unable to enforce rights in your new brand, or, conversely, you may face infringement claims if a third party holds earlier rights.

Before changing anything: carry out a trademark availability search

Rebranding does not exempt youfrom trademark law rules. Before adopting a new name or logo, it is essential to verify that you are not infringing existing trademark rights.

The objectives of a trademark search include:

• Avoiding conflicts with earlier trademarks.
• Ensuring that your new identity is distinctive and legally available.
• Preventing investment in a brand image that cannot be lawfully used.

At Tradamarca, we conduct targeted trademark clearance searches in Switzerland and internationally, helping you make informed decisions before rebranding.

Checking for prior rights is a key step in effectively protecting your brand. You can find all the steps in our guide to registering a trademark.

After the change: consider refiling your trademark

Once your new identity has been validated, it is often necessary to file a new trademark to secure proper legal protection for your new name, logo, or both.

Common scenarios include:

• Moving from a word-only logo to a logo with a graphic symbol: filing the new version is recommended to ensure full protection of the updated visual identity.
• Modernising your logo: the new design may not be considered a simple variation of the old one. This is often a legal assessment that requires expert analysis.
• Completely changing your name or visual universe: a new identity is never automatically covered by an earlier registration. Without refiling, your trademark is not protected, even if it is actively used.

Important: A trademark that has been significantly modified no longer benefits from the protection of the original version, even if that earlier mark remains registered.

What about your old trademarks?

If the former version of your trademark is no longer used, it may become vulnerable to cancellation for non-use, typically after five years.

However, in many cases, it can be strategically sound to maintain both trademarks during a transition period, especially if:

• Your brand reputation is still linked to the former name or logo.
• You want to prevent third parties from registering or using it.

Tradamarca helps you manage your trademark portfolio strategically throughout this transition phase.

Why work with an IP professional during a rebranding?

Rebranding affects not only your marketing and visual identity, but also the legal security of your intangible assets. It is not just a design decision, it is a trademark strategy issue.

As a firm specialised in intellectual property, Tradamarca supports you by:

• Carrying out the necessary preliminary searches.
• Assessing the legal risks associated with your rebranding project.
• Advising on whether to file or refile trademarks in Switzerland and abroad.
• Updating your trademark protection strategy in line with your new business objectives.

A solid trademark strategy also includes trademark monitoring.

In summary

• A change of name or logo is not automatically covered by existing trademark rights.
• A modified trademark often needs to be refiled to remain legally valid.
• Trademark availability should always be checked before rebranding.

Tradamarca supports you throughout the entire rebranding process, from strategic reflection to effective trademark filing.

A new brand identity is an opportunity. Do not let it become a legal risk.

Contact Tradamarca to protect your trademark effectively today.