Dispute over name "TX Group": solar tile company goes to federal administrative court
A solar tile manufacturer is taking the Zurich-based media group TX Group to the Federal Administrative Court in a dispute over the company name. The Rapperswil-based company, which manufactures and distributes solar tiles, had registered the same company name in the commercial register just one day before the Zurich-based media company did. It is claiming the name for itself.
The Rapperswil-based company had the name TX Group re-registered with the Commercial Register Office in St. Gallen on December 19, 2019. One day later, the same thing happened at the Commercial Register Office in Zurich. In this case, it was the former Tamedia that had changed its name at the Extraordinary General Meeting. This emerges from the facts of a public party hearing before the Federal Administrative Court on September 19.
The then Tamedia had announced its planned name change in a media release at the end of November. The Zurich and St. Gallen Commercial Register Offices were nevertheless unaware of the virtually simultaneous registration of the TX Group name. Both authorities reported the name to the Federal Office for the Commercial Register in Bern.
Rapperswil TX Group claims name for itself
In mid-March last year, the Rapperswil-based company claimed in Bern that the name TX Group belonged only to it. The Office for the Commercial Register should therefore ensure that the legal status is restored or it should issue a contestable ruling.
According to the facts of the case, the office did not accept the request because it did not consider itself competent. It justified its decision by saying that it could not make any changes to the Zurich Commercial Register. The Rapperswil-based TX Group has therefore appealed to the Federal Administrative Court. (sda.)
