Federal court ends dispute over company name "TX Group"
TX Group remains the name of two stock corporations headquartered in the city of Zurich. The Federal Supreme Court dismissed the appeal filed by a company specializing in solar tiles, which had registered the name in the commercial register just one day before the media company of the same name did.
The Commercial Register Office of the Canton of St. Gallen entered the newly founded solar company in its register on December 19, 2019. The company later moved its registered office to the city of Zurich. There, the Zurich Commercial Register Office changed the name of the former Tamedia AG to the new TX Group on December 20, 2019.
In a ruling published on Monday, the Federal Supreme Court essentially confirmed the decision handed down eight months ago by the Federal Administrative Court.
Waited too long
After the disputed entries were published in the Swiss Official Gazette of Commerce SOGC at the end of December, the complainant waited until March 2021 to contact the Federal Office of the Commercial Register EHRA to take action against the name of the media company.
The solar company thus far exceeded the deadline within which it could have had the entry of the Zurich stock corporation deleted. It complained that it had been the first to register the company name. By refusing to act on the request, the EHRA did not violate federal law, according to the Federal Supreme Court. (SDA/judgment 4A_64/2024 of 26.6.2024)
