Rejection of the registration of the association name "Swiss-Australian Chamber of Commerce" in the Commercial Register

Facts

The Federal Office of the Commercial Register (EHRA) refused to register the "Swiss-Australian Chamber of Commerce" association name in the Commercial Register. The Chamber of Commerce then filed an administrative court appeal requesting approval of the registry entry. The Federal Court dismissed the appeal.

Considerations

The Federal Court stated that the principles for the formation of trade names under Art. 944 CO also apply to the registration of associations in the Commercial Register (Art. 47 CRO). The Federal Council has ordered that no Swiss-national or territorial designations may be included in the company name, but the EHRA may grant exceptions if special circumstances justify it.

Bilateral Swiss Chambers of Commerce can only be registered in the Commercial Register with a geographical designation if they hold an official or semi-official position and are integrated into the system of state export promotion. The "Swiss-Australian Chamber of Commerce" does not meet these requirements, as it…