Bitcoin and Trademark Registration – What Businesses Should Know
Under Swiss trademark law, a trademark is a sign that helps consumers recognize the commercial origin of a product or service. In other words, a trademark must point to a specific company or service provider. This is known as the origin function of a trademark, and it is the foundation of trademark protection.
If people see a sign only as a general term, and not as a reference to a particular product or service, then it usually cannot function as a trademark.
Common property terms cannot be trademarked
The word “Bitcoin” is used worldwide to describe a technology and a digital asset. It is not associated with any specific company or service provider. This is why the term normally does not indicate a commercial origin.
If one company were allowed to exclusively own the name “Bitcoin” or the Bitcoin symbol as a trademark, others would no longer be able to use these signs freely. That would contradict the idea of Bitcoin as an open and decentralized system.
For this reason, trademark law generally excludes terms that belong to the public domain, such as generic or descriptive words, from protection. Everyone must be able to use certain terms to describe their products or services.
Registrations with limited protection
In practice, some trademarks that include the word “Bitcoin” or related symbols have been registered in different countries, including Switzerland. However, registration alone does not guarantee strong or enforceable rights.
Swiss law allows trademarks to be declared invalid later if they should never have been protected in the first place. Alternatively, courts may interpret their protection very narrowly. This risk is particularly high for terms that are widely used and descriptive.
In a decision by the Commercial Court of Zurich, the court stated that there are serious doubts as to whether “Bitcoin” and the Bitcoin symbol can be protected as a trademark at all.
The court suggested that these signs may qualify as currency-related symbols, which must remain free for general use.
How to achieve stronger trademark protection
The scope of protection of a trademark depends mainly on how distinctive it is. The more original and creative a sign, the broader the protection it can receive.
Generic or descriptive terms are weak trademarks from the start. In contrast, invented words or unusual combinations enjoy much stronger protection. If a descriptive term like “Bitcoin” is used, one practical solution to extend the scope of protection is to combine it with a distinctive graphic design or a unique additional element.